
Pass ^— iLJx >d/0_ / 
Book. '""^ 




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I 



Withj t\-\e compliTTjents of 

Commissior(er of Public Lands. 



STATE OF WASHINGTON. 



I^JV^^A^S 



RELATING TO 




1, Granted and Tide Lands 

— AND — 
(WITH APPENDIX). 

IN EFFECT MAKCH, 1899. 



ANNOTATED AND COMPILED BY 

EGBERT BRIDGES, 

COMMISSIONER OF PUBLIC LANDS 



OLYMPIA, WASH.: 

GWIN HICKS, - - - STATE PRINTER. 

1899. 



^^^^'^ 









Transfer 
FEB 1 1916 






S 65179 



LAND LAWS, STATE OF WASHINGTON. 



Chap. LXXXIX, Session Laws '97. 

RELATING TO PUBLIC LANDS OF THE STATE. 
[House Bill No. 224, by Mr. Way, and amendments thereto.] * 

An ACT to provide for the selection, survey, management, recla- 
mation, lease and disposition of the state's granted, school, tide, 
oyster and other lands, harbor areas, and for the confirmation 
and completion of the several grants to the state by the United 
States ; creating a board of appraisers and a board of harbor 
line commissioners, as required by articles 15 and 16 of the state 
constitution, which shall be generally known as the board of 
state land commissioners ; defining their duties and making an 
appropriation therefor, and declaring an emergency. 

Be it enacted by the Legislature of the State of Washington : 

Section i. The commissioner of public lands, the secre- Board of state 

•^ _ _ land commis- 

tary of state and the superintendent of public instruction sioners; how 

•^ _ ^ ■ -^ _ constituted 

shall constitute the board of appraisers, harbor line com- and duties. 

mission, and for the purpose of selection, appraisement, 
sale or lease of school, granted and other lands, the estab- 
lishment of harbor lines, lease of harbor area and selection 
and which have been granted, or may hereafter be granted 
to the State of Washington by the United States, and who, 
for the purposes of this act, shall be generally known and 
designated as the board of state land commissioners. [L. 
'97, p. 229, §1.] * 

Sec. 2. Said hoard and commission shall keep a full and Records of 

■^ board, etc. 

complete record of their proceedings in separate records, 
one relating to appraisement, sale, lease and selection of 
lands ; one relating to harbor lines, harbor areas, tide and 
shore lands. A clerk in the office of the commissioner of 
public lands shall act as the secretary of said board and 
commissions, and their office shall be in the office of the 
commissioner of public lands, and all records relating to 
said board and commissions of public lands of the state 
shall be kept in the office of the commissioner of public 

*For former laws on the subject of tide and shore lands see L. '90, pp. 431-437; 
L. '93, pp. 386-402; L. '95, pp. 527-571. 



LAND LAWS OF WASHINGTON. 



Rules and 
regulatious. 



Classillcation 
of public 
lands. 



Defining 
terms. 



lands, and shall be subject to public inspection. [L. '97, 
p. 230, §2.] 

Sec. 3. Said board of state land commissioners shall make 
all rules and regulations for carrying out the provisions of 
this act, not inconsistent with law, and the commissioner of 
public lands shall act as chairman of said board and com- 
missions. [L. '97, p. 230, §3.] 

Sec. 4. That for the purpose of this act all lands belong- 
ing to and under the control of the state shall be divided 
into the following classes : 

(i ) Granted Lands : (^a) Common school lands and lieu 
and indemnit)^ lands therefor. (^) University lands and 
lieu and indemnity lands therefor. (c) Other educational 
land grants. (<-/) Lands granted to the State of Wash- 
ington for other than educational purposes, and lieu and 
indemnity lands therefor, f e) All other lands, including 
lands acquired or to be hereafter acquired by grant, deed 
or sale, or gift, or operation of law, including arid lands. 

(2) Tide Lands : All lands over which the tide ebbs and 
flows from the line of ordinary high tide to the line of 
mean low tide, except in front of cities where harbor lines 
have been established or may hereafter be established, 
where such tide lands shall be those lying between the line 
of ordinary high tide and the inner harbor line, and ex- 
cepting oyster lands. 

( 3 ) Shore Lands : Lands bordering on the shores of 
navigable lakes and rivers below the line of ordinary high 
water and not subject to tidal flow. 

(4) ILarbor Lines and Areas : Such lines and areas as 
are described in article 15 of the constitution of the State 
of Washington and which have been established according 
to law. All of which outer harbor lines so established as 
aforesaid are hereby ratified and confirmed, also all such 
harbor lines and areas as may and shall be hereafter estab- 
lished. [Compare L. '95, p. 527, § i ; L. '97, p. 230, § 4.]* 

Sec. 5. All lands described in section four are "public 
lands" and the terms "public lands" and "state lands" 
shall be defined and deemed to be synonymous whenever 
either is used in this act. 



* L. '90 p. 438-448, relate to sale and lease of school lands. Upon admission, 
the state acquired an absolute property in and dominion over all soils under 
tide water, with the right to dispose of the title to them, free from any ease- 
ment of the upland owners therein, and subject only to the paramount right of 
navigation and commerce. Lewis vs. City of Portland, 25 Or., 133, 42 Am. St. 
Rep., 772. 



LAND LAWS OF WASHINGTON. 5 

CRUISING AND SELECTION. 

That the selection, inspection and appraisal of land as inspection, 

. . ^ etc., of lands, 

hereinafter provided for in this act may be made by one of 

the members of the said board or commission ; but when it 

is deemed advisable and for the best interests of the state, 

the commissioner of public lands may employ two or more 

citizens of the state, familiar with such work, to personally 

inspect, appraise or select lands, harbor areas, etc. 

The word "improvements" used in this act, when refer- improve- 
ments, how 
ring to school or granted lands, shall be interpreted to mean defined. 

fencing, diking, draining, ditching, houses, barns, shelters, 
wells, slashing, clearing or orchards, and also breaking that 
has been done prior to application for purchase or lease, 
and all things that would be considered fixtures in law. 
When referring to tide or shore lands and harbor areas, the 
word "improvements" shall be interpreted to mean all fills 
or made ground of a permanent character, and all struct- 
ures erected or commenced on said lands or actually in use 
for purposes of trade, business, commerce or residence 
prior to March 26, i8go, and completed before January i, 
i8gi : Provided, That ordinary capped piles or similar 
structures or fixtures shall not be considered an improve- 
ment. [Compare L. '95, p. 526, § 2, and p. 529, § 7 ; L. '97, 
P- 231, §5.]* 

Sec. 6. The compensation of such inspectors so ap- Compensation 

•^ ^ ^ of inspectors, 

pointed by the commissioner of public lands shall not ex- 
ceed four dollars per diem for time actually employed, and 
necessary expenses, which shall be submitted to the com- 
missioner of public lands in an itemized and verified ac- 
count, to be approved by the commissioner of public lands. 
[L. '97, p. 231, §6.] 

Sec. 7. Said state land inspectors shall, immediately Duties of 

' ^ ^ J inspectors. 

upon their appointment, under the direction of the commis- 
sioner of public lands, inspect such unsurveyed lands or 
townships as the board may designate, with a view to de- 
termining whether it is desirable to have them reserved for 
the selection of lands to complete the grant of public lands 
to the state. They shall report the result of their inspec- 

* If a lessee of school lands has made improvements thereon for which no ap- 
praisement was made when the lands were sold by the state, his remedy is not 
by injunction to prevent the delivery of the contract of sale, but he can retain 
possession of the lands until compensated as the law requires, or he can sue the 
purchaser for debt and have the value of the improvements fixed by a court or 
jury. Wilkes v. Hunt, 4 Wash., 100. 



Q LAND LAWS OF WASHINGTON. 

tion without delay, showing approximately the number of 
acres arable, the amount, quality, character and value of 
timber, the nearest practicable route for removing the 
same, the number of settlers in the township and the value 
of the improvements. .Upon the recommendation of 

Surveyor the board the governor shall, if he concurs, cause an appli- 
cation to be filed with the surveyor general for the survey 
of such township or townships, and shall cause due notice 
thereof to be published in accordance with the act of con- 
gress providing for the reservation and survey of such 
townships and under such rules and regulations as may be 
made by the secretary of the interior. 

How defrayed. Whenever the United States surveyor general shall have 
made an estimate of the cost of survey, and it shall appear, 
under the decision and rulings of the department of the in- 
terior, that there is no federal government appropriation for 
the survey of any township applied for by the state, the gov- 
ernor is authorized and empowered to execute a voucher to 
the state auditor for the amount of such estimate, and the 
state auditor is authorized and directed, upon the filing of 
such voucher, to issue a warrant on the general fund for 
the amount of the same, and the state treasurer shall pay 
said warrant out of the moneys appropriated for said pur- 
pose. Upon the receipt of such warrant the governor 
shall deposit the same to the credit of the United States, 
in accordance with such rules and regulations as may be 
prescribed by the department of the interior.* [L. '95, p. 
532, §§ i3> 14; L. '97, p. 231, § 7.] 

bond^andoath SiEC. 8. The Said State land inspectors, before entering 
upon their duties, shall each enter into a bond unto the 
State of Washington, in the penal sum of five thousand 
dollars ($5,000), conditioned to well and faithfully per- 
form their duties as such, to be approved by the commis- 
sioner of public lands, and shall take and subscribe an 
oath before some officer authorized to administer oaths, ac- 
cording to the laws of the state, in substance as follows : 
"I, A B, do solemnly swear that I will well and truly per- 
form the duties of land inspector for the State of Wash- 
ington, in the selection, inspection and appraisement of the 
lands granted thereto, to the best of my knowledge and 
ability; and further, that I will not communicate to any 



* See U. S. Stat, at Large, Vol. 28, pp. 394-5, as to deposit for survey and 
state's sixty day preference right to select after township plat has been filed. 



LAND LAWS OF WASHINGTON. 

person not a member of the board, or commission, or the 
commissioner of public lands, any information in relation 
to location, character and value of the public lands exam- 
ined by me, or disclose to any one an37thing in relation to 
such public lands except to such board or commission or 
commissioner of public lands ; that I will, when directed, 
personally and carefully examine each parcel or tract of 
land to be listed by me, and make an appraisement and 
value of the same and the timber thereon ; that I am not 
nor will I become interested directly or indirectly in the 
sale or purchase of said lands, and that I will report every 
material fact connected with said lands directly to the 
board of state land commissioners, to enable it to deter- 
mine the situation, value and character of the timber 
thereon and the lands selected by me ; in investigating, ap- 
praising, or in the prosecution of any trespass, I do sol- 
emnly swear that I will act according to the best of my 
knowledge and ability, and will protect the interests of the 
State of Washington." That upon filing such bond and 
affidavit the inspector maybe authorized and commissioned 
by said commissioner of public lands to view, select and 
appraise lands as hereinafter provided for. [Compare L. 
'95. P- 530. § 9; L. '97, p. 232, § 8.] 

Sec. q. The said commissioner of public lands may in- inspectors' 

■^ _ _ _ _ -^ duties and 

struct the said state land inspector to view and examine the reports. 

said lands subject to selection by the smallest legal subdi- 
visions of forty acres each, and shall classify such lands 
into grazing, farming and timbered lands, and estimate the 
value of each tract so viewed; said state land inspector 
shall also in timbered lands estimate the amount and value 
of the standing timber thereon and the value thereof after 
the timber is removed ; he shall make a report thereof to 
the commissioner of public lands as amply and expedi- 
tiously as possible on blank lists to be furnished by said 
commissioner of public lands for that purpose; that said 
report shall be made under oath, to the effect that the in- 
spector has personally examined the tracts mentioned in 
each forty acres thereof, that said report and appraisement 
is made from such personal examination and is to the best 
of affiant's knowledge and belief true and correct, and that 
the lands are not occupied by any bona fide settler. They 
shall also separately appraise all valuable material thereon, 
improvements, etc. [Compare L. '95, p. 530, §10; L. 
'97. P- 233, §9.] 



LAND LAWS OF WASHINGTON. 



Lists of se- 
lected lands 



Triplicate 

lists. 



Penalty for 

disclosing 

Information. 



Applications 
for appraise- 
ment and sale 



Sec. io. Upon receipt of such report or reports the 
board of state land commissioners shall arrange and clas- 
sify the lands so selected into several lists for filing in the 
general United States district land offices of the United 
States in this state, and shall classify the lands and appor- 
tion them to the several specific grants under said act of 
congress referred to, so that there may be lands of nearly 
as equal value as possible apportioned to the several grants. 
Said list shall be made in triplicate, one for filing in said 
local land offices, one for transmission by it to the secretary 
of the interior, and one to be filed in the office of the com- 
missioner of public lands. Said lists shall state the grant 
for which the same is made. The commissioner of public 
lands shall file said lists so arranged, classified and duly 
certified under the rules and regulations of the secretary of 
the interior, in the several United States district land offi- 
ces throughout the state having jurisdiction thereof: Pro- 
vided, That if it be found, upon the filing of said lists, that 
any of the lands described therein have been filed upon or 
applied for, then the commissioner of public lands is au- 
thorized to eliminate therefrom such lands : And provided 
further, Said commissioner of public lands or board of state 
land commissioners may decline to list any lands reported 
b}^ the inspectors which may not by them be deemed desir- 
able. [Compare L. '95, p. 531, § 11 ; L. '97, p. 234, § 10.] 

Sec. iqI/^. If any state land inspector knowingly or will- 
fully shall make a false oath concerning the appraisement 
on said lands, or knowingly or willfully divulge anything, or 
give any information in regard to such land other than to 
the board of state land commissioners, or commissionfer of 
public lands, he shall forthwith be removed from office and 
be deemed guilty of perjury and subject to the penalties 
thereof, and it shall be and is hereby made the duty of the 
board of state land commissioners, or the comrnissioner of 
public lands, to prosecute him therefor. [L. '95, p. '531, 
§ 12 ; L. '97, p. 234, § 10.] 

Sec. II. That any person or company may make written 
application to the board of appraisers for the appraisement 
and sale of any lands belonging to the state, and said board 
shall cause to be prepared blank applications containing 
such instructions as will inform and aid intending purchas- 
ers in making applications for the appraisement and sale of 
any lands. Each application must be accompanied with 



LAND LAWS OF WASHINGTON. c 

certificate of deposit or certified check upon any bank of Deposit, 
this state, made payable to the state treasurer and equal in 
amount to ten cents per acre for the land described in such 
application : Provided, That such deposit may be made in 
cash or by postoffice money order, but in no case shall such 
deposit be less than ten dollars. In case the lands de- 
scribed in such application are sold at the time they are 
offered for sale, in accordance with such application, the 
amount of such deposit shall be returned to such applicant. 
If such lands be not sold, through fault of said applicant at 
such sale, such deposit shall be forfeited to the state, and 
shall be so declared by the said board, and the state treas- 
urer shall thereupon place said forfeited money to the 
credit of the general fund of the state. 

APPRAISEMENT AND SALE. 
That when, in the iudgment of the board of appraisers or Land, wheu 

. . . . and how 

the commissioner of public lands, a sufficient number of ap- classified. 
plications have been received for the appraisement and sale 
of any lands belonging to the state, said commissioner of 
public lands shall cause any of such lands so applied for to 
be personally inspected and appraised as to its character, 
topography, agriculture, timber, coal, mineral, stone or 
rock quarries, or grazing ; its distance from any city, town, 
railroad, river, irrigation ditch or other water ways, when 
irrigation is required, and fully report the same to said 
board or commissioner of public lands, together with the 
commissioner's or appraiser's judgment as to its present 
and prospective value, which said report shall be consid- 
ered, and thereupon a price per acre fixed for each quarter 
section and subdivision thereof, or lot or block, which ^^q™""^ 
shall not be less than ten dollars per acre for lands granted 

for educational purposes : Provided, That no more than Maximum 

acreage. 

one hundred and sixty (i6o) acres of any school or granted 
lands of the state shall be offered for sale in one parcel, 

and all lands within the limits of any incorporated city or Lands in cor- 

. porate limits, 

town, or withm two miles of the boundary of such incor- 
porated city or town, where the valuation of such lands 
shall be found by appraisement to exceed one hundred 
dollars ($100.00) per acre, shall, before the same be sold, be 
platted into lots and blocks of not more than five acres in a 
block, and not more than one block shall be offered for sale 
in one parcel, and said board is hereby authorized to plat 



10 



LAND LAWS OF WASHINGTON. 



Valuable 
material. 



Board of 
appraisers. 



Dainage 
aud waste. 



Disposition 
improve- 
ments. 



such lands into lots and blocks, and all plats shall be filed 
in the office of the commissioner of public lands : Provided 
fi/rt/ier, That whenever application is made to purchase 
less than a section, the said commissioner of public lands 
may order the inspection of an entire section or sections. 
[Compare L. '95, p. 533, § 17, and p. 534, §18; L. '97, p. 

535, §11-] 

Sec. 12. That when applications are made for the pur- 
chase of timber, stone, fallen timber, hay or gravel, or 
other valuable materials situated upon public lands of the 
state, the same inspection shall be had as for application 
to purchase lands : Provided, That no standing timber or 
stone shall be sold for less than the appraised value, and 
such timber, stone, hay and gravel may be sold separate 
from the land when, in the judgement of the board, it is 
for the best interest of the state to sell the same : Afid pro- 
vided further, That the full purchase price of such valuable 
material shall be paid for in cash when sold separate from 
the land. That in every appraisement of land granted to 
this state the board of appraisers shall be and serve as the 
board of appraisers mentioned in section 2 of article xvi of 
the state constitution, and in every appraisement under 
this act the said board shall separately appraise all im- 
provements placed upon any land of the state and found 
on such land at the time of the appraisement ; and shall 
also appraise all damages and waste done to the said land 
by the cutting and removal of timber, or the removal 
of stone or other materials by the person or persons 
claiming such improvements, or by his consent, and the 
damage to the land or materials thereon by reason of the 
use and occupancy of said lands, shall be considered in the 
appraisement, and the balance, after deducting such dam- 
ages and waste appraised as aforesaid, shall be determined 
as the value of the improvements upon the land so ap- 
praised ] and every such appraisement shall be recorded in 
the proceedings of said board of appraisers : Provided, That 
this section shall not be considered to affect the right of 
the state to the value of such land : Provided further , That 
°^ if the purchaser of such land from the -state be not the 
owner of the improvements he shall deposit with the state 
treasurer, through the board of appraisers, within thirty 
days after the sale, the appraised value of such improve- 
ments ; and if it be found by the said board that the owner 



LAND LAWS OF WASHINGTON. H 

of said improvements was not holding adversely to the 
state or improving said land, or that said improvements 
were placed on said land in good faith by a lessee from the 
state or territory, and that said lessee had in all respects 
complied with the terms of his lease and his leasehold in- 
terest, not forfeit or subject to a forfeiture, then the board 
of appraisers shall direct the state treasurer to pay, and he 
shall pay to the owner of said improvements such sum so 
deposited ; but if it be found by said board of appraisers 
that the said improvements owned or made on said land by 
parties holding or claiming the land adversely to the state, 
or by persons without license or lease from the state, or by 
a lessee who had not complied with the terms of his lease, 
then said board shall direct the state treasurer to pay over 
such sum so deposited into the permanent school fund. 
In case the purchaser shall not deposit the appraised value 
of the improvements in the manner described above, the 
sale may be disapproved by the board of appraisers : Pro- 
vided further, That if the said improvements were made by 
a lessee or other person with intent to defraud the state or 
the intending purchaser, the sum so deposited shall be re- 
turned, in the manner described above, to the state : Pro- 
vided further, That in determining the value and nature of 
such improvements, the board is hereby authorized to com- 
pel by subpoenas the attendance, swear and examine wit- 
nesses as to the cost and value of such improvements and 
the damage and waste as well.* Approved March 14, i8gg. 

Sec. 13. That immediately upon the appraisement a^i^d ^^^*^j^°g^g°^^ 
inspection provided for in this act being made of land in 
any coimty of the state, the commissioner of public lands 
shall prepare a certificate of such appraisement showing in 
detail the facts reported in such appraisement, and he shall 
file one copy of the same in his office and shall certify one 
copy and forward it to the auditor of the county in which 
said land is situated, and the said county auditor shall post Posting, 
it in a conspicuous- place in his office; and the said com- 
missioner of public lands shall notify the applicant of the 



* For definition of "improvements," see §5. 

For liability of purchaser of school lands as to improvements, see Hart Lum- 
ber Co. V. Bucker, 15 Wash.. 456. 

One in lawful possession of school lands, and having improvements thereon, 
has a right, as against a subsequent purchaser, to retain possession until paid 
therefor. Wilkes v. Hunt et aL.'kWa.sh., 100; Pearson v. Ashley et ux., 5 Wash., 
169 ; Wilkes v. Bavies, 8 Wash., 113. 



12 



LAND LAWS OF WASHINGTON. 



Public sale. 



Proof of 
publication. 



Method of 
sale. 



appraisement and of the notice to the auditor, and that said 
board will allow the applicant thirty (30) days in which to 
show wherein such appraisement is defective, excessive or 
unjust, which protest, it any be made and filed, shall be 
considered by the said board, and notice of their action 
shall be sent to the applicant. [L. '95, p. 536, § 22 ; L. '97, 
P- 238, § 13.]* 

Sec. 14. That whenever the said board of appraisers shall 
have decided to sell any tract or tracts of granted lands, it 
shall, through the chairman, notify the auditor of the county 
in which said lands are situated of that fact, specifying 
which of said lands are for sale, and order the sale thereof, 
and thereupon the said county auditor shall, under the di- 
rection of the said board, forthwith fix the date of sale and 
give notice thereof by advertisement published once a week 
for five weeks next before the time he shall name in said 
notice, in at least one newspaper of general circulation 
published in said county, which notices shall specify the 
place, time and terms of sale, describing with particularity 
each parcel of land to be sold and the appraiser's value 
thereof, and by conspicuously posting such notice in the 
office of the county auditor of the county wherein such lands 
are situated. Proof of publication shall be made by affi- 
davit of the publisher, or person in charge of the said paper, 
and by the affidavit of the person posting such notice as 
aforesaid, which shall be at once sent to and filed in the 
office of the commissioner of public lands, and the said board 
is hereby authorized to expend any sum of money not ex- 
ceeding fifteen dollars in advertising such sale, as the said 
board shall determine to be for the best interests of the 
state. Such sales shall take place on the day advertised, 
between the hours of ten o'clock in the forenoon and four 
o'clock in the afternoon, in front of the court house, or of 
a building in which the superior court is held in counties 
in which there is no court house, and shall be [sold] at 
public auction to the highest bidder, and on the terms spe- 
cified in the notice hereinbefore prescribed, and no land 
shall be sold for less than its appraised value ; and that no 
more than two adjournments of such sale shall be had, nor 
any adjournment for more than one week. Such sale shall 



* School districts have six months preference rights, from filing appraisal, to 
purchase school house sight. Code of Public Instruction, §§ 7 and 8, p. 359, 
Session Laws of 1897. 



LAND LAWS OF WASHINGTON. 13 

be conducted under the direction of the board of appraisers 
by the county auditor of the county in which the lands sold 
are situate, and such auditor shall at once deliver to the 
purchaser, under his hand and seal, a memorandum of his 
purchase, containing a description of the land purchased, 
the price bid and the terms of sale, upon the delivery to 
such auditor, by the purchaser, of a certified check upon 
some bank, or in cash for an amount equal to one-tenth of 
the price of the land by him purchased, payable to the or- 
der of the treasurer of the State of Washington, and such 
auditor shall at once send to the commissioner of public 
lands such certified check and a copy of the memorandum 

delivered to the purchaser: Provided, hozvever, That the By whom 

conducted, 
powers and duties hereinbefore conferred or imposed upon 

county auditors may, any or all of them, be performed by 
any member of the board of appraisers or the commissioner 
of public lands when it is convenient and is deemed advis- 
able by said board or the commissioner of public lands, 
but the commissioner performing such or any of such 
duties shall not be entitled to make any charges or incur 
any expense in performing such duties other than in this 
act hereinbefore provided. 

That if any land offered for sale pursuant to the order of ^'^^f ^ unsold 
-^ ^ re-offered. 

the board of appraisers be not bid off at the sale held 
thereunder, the same may again be advertised for sale as 
provided in this act whenever, in the opinion of the board, 
it shall be expedient to do so ; and such land shall be again 
advertised for sale, as provided in this act, whenever any 
person shall apply to said board in writing, to have such 
land sold, and shall agree to bid at least the appraised 
price therefor, and shall deposit with the state treasurer at 
the time of making said application, a sufficient sum of 
money to pay the cost of advertising for such sale, as pro- 
vided for in making original application. [Compare L. 
'95. P- 538, § 24, and p. 539, § 28; L. '97, p. 238, § 14.]* 

Sec. 15. That the member of the said board of apprais- Confirmation 
ers, or the county auditor conducting the sale, shall, upon 
making sale of any school land, or stone, mineral or tim- 
ber thereon, report such sale to the said board of apprais- 
ers, as provided in this act, together with other information 
touching the same as the said board shall have prescribed, 
and within thirt}/ days from the date of the reception of 

* Purchaser, etc., may sue state, when. § 2U9, Bal. Code. 



14 



LAND LAWS OF WASHINGTON. 



such report, if no affidavit showing that the interests of 
the state in such sale were injuriously affected by fraud or 
collusion shall have been filed with said board, and if it 
shall appear from such report that the sale was fairly con- 
ducted, and that the purchaser was the highest bidder at 
such sale, and that his bid was not less than the appraised 
value of the property sold, and if the said board shall be 
satisfied that the land sold would not, upon being readver- 
tised and sold, sell for at least twenty-five per cent, more 
than the price at which it shall have been sold, and that 
the payment required by law to be made at the time of 
making sale has been made, the said board shall confirm 
the sale, and thereupon the chairman of the said board 
shall issue to the purchaser a contract of sale, as in this 
act hereinafter provided. [Compare L. '95, p. 541, § 29; 
L. '97, p. 240, § 15.] 
Terms of sale. Sec. i6. That all State lands shall be sold on t].ie follow- 
ing terms : One-tenth to be paid on the date of sale and 
one-tenth annually thereafter on the first day of March in 
each year until the full purchase price has been paid : Pro- 
Ttded, That an}^ purchaser may make full pa}7ment at any 
time. All deferred payments shall draw interest at the 
rate of six per cent, per annum. The first installment of in- 
terest shall become due and paj^able on the first day of March 
next after the date of sale, and thereafter all interest shall 
become due and payable annually on the first day of March 
in each year. All remittances for payment of either principal 
or interest must be forwarded to the commissioner of pub- 
lic lands and be made payable to the state treasurer. That 
all coal lands not within the limits of incorporated cities 
and towns, or within two miles thereof, shall be sold only 
in tracts of not less than one hundred and sixty acres, un- 
less such land in a body is of less area, and only on the 
following terms : one-tenth cash on the day of sale and the 
balance of the purchase price within five days thereafter. 
That when the entire purchase price of any land shall have 
been fully paid, such fact shall be certified by the commis- 
sioner of public lands to the governor, whereupon he shall 
cause a patent to be issued to the purchaser. Patents shall 
be signed by the governor and attested by the secretary of 
state, with the seal of the state attached thereto, and shall 
be recorded in the office of the commissioner of public 
lands, and no fee shall be required other than the fee pro- 



Coal lancl: 
how sold. 



Patents or 
deeds. 



LAND LAWS OF WASHINGTON. 15 

vided for in this act. [Compare L. '95, p. 538, § 25, and 
p. 541, § 29; L. '97, p. 240, § 16.] 

Sec. 17. The purchaser of land under the provisioas of Contracts of 
this act, except in cases where this act prescribes cash pay- 
ment, shall enter into and sign a contract with the state, to 
be signed by the commissioner of public lands on behalf of 
the state, and in a form to be prescribed by the attorney 
general, in which he shall covenant that he will make the 
payment of principal and interest when due: Provided, All interest from 
interest shall be computed from date contract is issued, and ^'^'^°^- 
that he will pay all taxes and assessments that may be 
levied or assessed on such land, and that on a failure to 
make the payments prescribed in this act when due, and 
for six months thereafter, that he will, on demand of said 
board or other authorized officer of the state, surrender the Forfeiture, 
said premises, and upon such failure for six months all 
rights of the purchaser under the said contract may, at the 
election of said board of state land commissioners, acting 
for the state, and without notice to snid purchaser, be de- 
clared to be forfeited, and when so declared forfeited the 
state shall be released from all obligation to convey the 
land. When the payments provided for in this act for 
land, stone, minerals or timber, shall have been made in 
full, the commissioner of public lands shall procure the 
proper deed of conveyance to be made to the purchaser, 
but in no case shall final deed of conveyance be issued 
until after all of the purchaser's price and accrued interest 
has been paid. The contract provided for by this section 
shall be executed in duplicate, and one copy shall be re- • 

tained by the purchaser and the other shall be filed in the 

office of the commissioner of public lands. All contracts Contracts 
. . . . executed in 

provided for m this section shall be signed by the pur- duplicate. 
chaser and also by the commissioner of public lands on the 
part of the state, with the seal of the state attached thereto. 
The commissioner of public lands may, as he deems ad- 
visable, extend the time for payment of principal and in- 
terest on the contract heretofore issued and contracts to be 
issued under this act. [Compare L. '95, p. 542, § 30 ; L. 
'97, p. 242, § 17.] 

Sec. 18. The commissioner of public lands shall notify Notice of de- 

c 1 1 1 • 1 • linquency 

the purchaser of the land m each instance when payment and extension 

... of time. 

on his contract is over due, and that he is liable to forfeit- 
ure if payment is not made within six months from the 



16 



LAND LAWS OF WASHINGTON. 



Term of lease. 



Application. 



Deposit, dis- 
position of. 



Lists to county 
auditors. 



Classification 
and mininaum 
rent. 



Posting. 



time the same became due, unless the time be extended by 
the commissioner on a satisfactory showing as above pro- 
vided. [Compare L. '95, p. 543, §31; L. '97, p. 242, 
§18.]* 

LEASE OF STATE LANDS. 

Sec. ig. That all school and granted lands of the State 
of Washington may be leased for a term of five years or 
less to the highest bidder at public auction in the following 
manner : Any person or persons desiring to lease any of 
such lands shall make application in writing to the com- 
missioner of public lands of this state ; each application 
shall be accompanied with a deposit equal to ten cents per 
acre for the lands so applied for, but in no case shall such 
deposit be less than ;^io ; such deposit shall be in the form 
of a certified check or certificate of deposit on some bank 
in this state, or may be paid in cash. 

In case the lands so applied for shall be leased at the 
time they are offered for lease, then such deposit shall be 
returned to such applicant by the commissioner of public 
lands ; but if the land shall not be leased when so publicly 
offered for lease, then such deposit shall be declared for- 
feited to the state and the commissioner of public lands 
shall pa}^ the said deposit over to the state treasurer who 
shall place the same to the credit of the current school 
fund of the state. [Compare L. '95, p. 544, § 32 ; L. '97, 
p. 242, § 19.] 

Sec. 20. When, in the judgment of the commissioner of 
public lands, a sufficient number of applications have been 
received from any one county, the said commissioner shall 
then certify a list of such lands so applied for, and any 
other lands he may deem advisable to offer for lease at the 
same time, to the auditor of the county in which such 
lands are situated ; fixing the date when such lands shall 
be offered for lease and the character of the land, whether 
agricultural, pastoral or scab : Pi'ovided, the agricultural 
lands shall not be leased for less than ten cents per acre. 
[L. '97, p. 242, §20.] 

Sec. 21. Upon receipt of such list so certified, the 
county auditor shall proceed to post said list for a period 
of thirty (30) days prior to the date of leasing, in some 
conspicuous place in his office and elsewhere in the county, 



* See also § § 27 and 28 and note thereto. 



LAND LAWS OF WASHINGTON. 17 

as the commissioner may direct. [Compare L. '95, p. 545, 
§ 37; L- '97, P- 243, § 21.] 

Sec. 22. The person or persons leasing: any of such Xe^riy rental 

^ J in advance, 

lands, shall pay over to the county auditor the first year's 

rent, in accordance with his bid, which payment shall be 
in the form of a certified check or certificate of deposit on 
some bank in this state, or may be paid in cash; all rent 
thereafter shall be paid annually in advance to the commis- 
sioner of public lands. [ L. '97, p. 243, § 22.] 

Sec. 23. When any of such lands shall have been soR»urnsof 
leased by the county auditor, the said auditor shall at once aucUtors. 
proceed to certify a list of such lands to the commissioner 
of public lands, giving the name of the lessee, the postof- 
fice address, term of lease, lease price per annum, amount 
paid on lease, and any other information required by the 
commissioner of public lands; the auditor shall also re- 
mit all moneys so paid to him on lease to the said commis- 
sioner, who shall pay the same over to the state treasurer, 
who shall issue his receipt in duplicate therefor; the orig- 
inal receipt to be sent to the lessee and the duplicate there- 
of to be kept in the office of commissioner of public lands : 
Provided, That lands held under lease shall not be offered Lessee's prior 
for sale or sold except to the lessee if the lessee shall purciia°e. 
keep his lease in good standing. [ L. '97, p. 243, § 23.] 

Sec. 24. Upon receipt of such certified list and moneys Leases ex- 

■ J r , 1 , T , . . , edited in 

paid trom the county auditor, the commissioner of public duplicate. 
lands shall proceed to issue a lease to the lessee, upon a 
form to be prescribed by the attorney general. All leases 
shall be in duplicate, both to be signed by the lessee and 
by the commissioner of public lands on behalf of the state, 
with the seal of the commissioner of public lands at- 
tached thereto ; the original lease to be forwarded to the 
lessee and the duplicate to be kept in the office of the 
commissioner of public lands. [L. '97, p. 243, § 24.] 

Sec. 25. The commissioner of public lands shall keep a Notice of de- 
full and complete record of all leases so issued and pay- forfeiture. 
ments made thereon, and on the first of each and every 
month the commissioner of public lands shall cause notice 
to be served on lessees of public lands who may become 
delinquent on annual payment within sixty days, and 
therefore subject to forfeiture, and the commissioner shall 
forthwith, if no response be had, declare a forfeiture of the 
—2 



18 



LAND LAWS OP WASHINGTON. 



Bids, rejec- 
tion of. 



Contracts sub- 
ject to forfeit- 
ure, when, 



Principal, ex- 
tended to. 



If interest is 
paid. 



Improver's 
preference 
right to lease. 



Application to 
commis- 
sioners. 



lease, and may eject the lessee therefrom. [L. '97, p. 

244> § 25-] 

Sec. 26. The commissioner of public lands or the au- 
ditor may reject any and all bids when the interests of the 
state shall justify ic : Provided, That if the commissioner of 
public lands or the auditor shall reject any such bid he 
shall forthwith return to the lessee any moneys paid, upon 
the return of any and all receipts issued to the lessee. 
[L. '97, p. 244, § 26.] 

Sec. 27. All contracts issued by the State of Washing- 
ton to the purchasers of school or other lands, which are 
found to be delinquent in payment of interest two years 
from time of first payment, and which have not been ex- 
tended by law, shall be declared forfeited by the commis- 
sioner of public lands unless such delinquent interest shall 
be paid to the state in accordance with notice hereinafter 
provided ; that the commissioner of public lands shall no- 
tify the holder of such contract in each instance where 
payment of interest is overdue, and that unless payment is 
made within six months from the date of said notice, his 
contract will be cancelled and the land shall revert to the 
state. [L. '97, p. 244, § 27; Compare L. '95, pp. 54-5.] 

Sec. 28. The time for making payment of principal on 
any of such co.ntracts where one-tenth or more of the pur- 
chase price has been paid, is hereby extended to January 
I, 1905 ; Provided, That all delinquent interest due is paid 
as stated in section 27 of this act and all interest falling 
due on such contracts thereafter is paid annually on the 
dates stated in such contracts. [ L. '97, p. 244, § 28.]* 

Sec. 29. The owner of improvements placed on lands 
held under contracts from the state, where such contracts 
are forfeited to the state, shall have a preference right to 
lease any of such lands for a period of ninety days from the 
cancellation of such contracts by the state in the following 
manner : 

The owner of sach improvements shall make application 
in writing, certifying under oath as to the character and 
value of such improvements, for the lease of such lands. 



* Sees. 27 and 28 apply to contracts for tide lands as well as to those for 
granted lands; .since §5 of this act declares that public lands and state lands 
shall be deemed synonymous wherever used under the act and that all sales of 
granted, school, university, tide and shore lands and harbor areas are included 
in the term public lands. State ex rel. Bellingham Bay Imp. Co. vs. Bridges, 19 
Wash. 431, 



LAND LAWS OF WASHINGTON. 19 

setting forth the amount bid for the lease of same, which 
bid shall be considered by said commissioner, and if o^^f^j*^"'^'^ 
deemed sufficient and to the best interest of the state to 
accept said bid, the said commissioner shall proceed to is- 
sue a lease to such bidder as provided in section 23 of this 
act upon receipt of the first year's rent in accordance with 
such bid : Provided, That if such lands are not leased as 
above provided in this section the same may be leased or 
sold as provided for the lease or sale of other school and 
granted lands. [L. '97, p. 245, §29.] 

Sec. 30. The prior lessee may, if he so desires, exercise •^®^®®^'^*^ 
the preference right to re-lease at the highest rate bid : Pro- ^f®^®^?'^^® 
vided, hoxoever, That the owner of improvements placed on ^®^^®- 
school lands held under lease from the state when the 
terms of such lease have been fully complied with shall 
have preference right to re-lease the same or any part 
thereof for a period of thirty days from the expiration of 
such lease in the following manner : The owner of such 
improvements shall make application in writing for the 
re-lease of such lands certifying under oath as to the 
value and character of the improvements placed thereon, 
setting forth the amount bid for the re-lease of the same, 
which bid shall be considered by the commissioner of pub- 
lic lands and if it be deemed sufficient and to the best in- 
terests of the state to accept said bid, the said commis- 
sioner shall proceed upon the receipt of the first year's 
rental to issue a new lease to such bidder in accordance 
with said bid as provided in section 23 of this act. And 
provided further, That the appraisement of all leased lands 
shall be made once every five years or oftener if deemed 
necessary. (Approved March 8, 1899.) 

Sec. 31. That improvements made upon school, granted Removal of 

-^ ^ . improve- 

and other lands by lessees from the state in cases in which ments. 
the lessee yields his lease to the state prior to any appli- 
cation to purchase the land so leased, such as are capable 
of removal without damage to the land, may be removed 
by the original lessee, or at his option may remain subject 
to purchase or hire in accordance with this law, by any 
purchaser who shall apply to purchase the land within a 
period of three years from the expiration of said lease. 
[Compare L. '95, p. 546, §41; L. '97, p. 245, §31.] 

Sec. 32. That the commissioner of public lands shall Abstracts or 

r 11 1 1 1 1 T i ■ . tract books, 

cause full and correct abstracts to be made and kept in the how kept. 



20 



LAND LAWS OF WASHINGTON. 



Non-mineral 
certificates. 



Loggin^c 
right-of-way. 



Public road 
right-of-way. 



How acquired. 



office of the commissioner of public lands of all the lands 
owned or that shall be owned by the state, which abstracts 
shall be in suitable and well bound books. Such abstracts 
shall show in proper columns and pages the section or part 
of section, lot or block, township and range in which each 
tract is situated, whether timber or prairie, improved or 
unimproved, the appraised value per acre, the value of im- 
provements and the value of damages, and the total value, 
the several values of stone, minerals and timber thereon, 
the date of sale, date of lease, name of purchaser, name of 
lessee, price per acre, amount of lease per acre, amount of 
cash paid, amount unpaid and when due, amount of annual 
interest, and such other columns as may be necessary to 
show a full and complete abstract of the conditions and 
circumstances of each tract or parcel of land from the time 
title was acquired by the state until final payment by the 
purchasers, and the issuance of a deed by the state to the 
land. [L. '95, p. 546, §42; L. '97, p. 245, §32.] 

Sec. 33. That the commissioner of public lands be and 
hereby is authorized and directed to cause publication of 
notices of application to the interior department for certi- 
fication that state school land or other granted land is non- 
mineral in character, in accordance with the rules of the 
general land office. [ L. '97^ p 246, § 33.] 

Sec. 34. That any person, corporation or association en- 
gaged in the business of logging shall have a right-of-way 
over public lands when necessary, for the purpose of haul- 
ing or removing timber from other lands, but permission 
shall be first obtained in writing from the board of state 
land commissioners: Provided, That all timber on said 
right-of-way shall be appraised, and before permission is 
granted, shall be paid for in cash by the person, corpora- 
tion or association desiring the right-of-way. [ L. '95, p. 
547. §45; J- '97, P- 246, §34.] 

Sec. 35. Rights-of-way may be granted by the board of 
state land commissioners over public lands to any county 
or city desiring to construct a public road across the same: 
Provided, That a duly attested and sworn copy of the 
official plat, made by the official county or city surveyor or 
engineer, shall first be filed with the board, together with 
a petition from the county or city officials setting forth the 
reason for the same, and the aforesaid plat, when approved 
by said board of appraisers, shall be and form the official 



LAND LAWS OF WASHINGTON. 21 

plat of said road, and the said plat shall show the amount 
of land taken up by the proposed road, and shall show the 
remainder of land in each portion of each legal subdivision 
bisected by said proposed road, and said plat shall be re- 
tained in the office of the commissioner of public lands: 
Provided fiu'ther. That all timber on said right-of-way shall ^°^^®'' 
be appraised and paid for in cash by the said county or city. 
[L '97, p. 547, §46; L. '97, p. 246, §35.] 

Sec. 36. All appraisements of school and granted lands Old appraise- 

. . ments void, 

heretofore made under existing laws, where sales have not 

yet been made, are hereby annulled, and all such lands 

shall be appraised and sold or leased as herein provided. 

[Compare L. '95, p. 548, §47; L. '97, p. 247, §36.] 

Sec. 37. All funds arising from the sale of lands granted Funds, 

:: . ° ° how kept. 

to the State of Washington, for any purpose, shall be held 

intact for the purpose for which they were granted. Lands, 
when selected and assigned to said grant, shall not be trans- 
ferred to any other grant, nor shall the moneys derived 
from said lands be applied to any other purpose than for 
that of the grant to which they have been assigned. [L. 
'95, p. 548, §48; L. '97, p. 247, §37.] 

Sec. 38. If any person shall cut down, destroy or injure Removing 

. -^ ^ . . valuable 

any timber standing or growing upon any of the lands of material. 

the State of Washington before patent shall have been is- 
sued by the state therefor, as herein provided, or shall take 
or remove from any such lands any timber or wood, or 
shall dig, quarry, take or remove any mineral, earth or 
stone from such lands, or otherwise iniure or damage such Penalty 

. . ■' * therefor, 

lands, such person, upon conviction thereof, shall be pun- 
ished by imprisonment in the county jail not less than one 
month, nor more than one year, or by fine of not less than 
fifty nor more than one thousand dollars, or both : Pro- 
vided, That nothing in this act shall be so construed so as 
to prevent any purchaser who shall purchase said lands for 
purposes of a home from cutting such timber as may be 
necessary for domestic use, or to clear land for actual cul- . 
tivation : Provided further, That the state shall not be re- 
quired to prove title to the lands in question, and the fact 
that said lands have been selected by the state, or that it 
is a portion of section 16 or 36 in any township, shall be 
accepted as prima facie evidence of the state's title : And 
provided further. That the terms of this section shall not 
apply to any purchaser of standing or fallen timber, stone. 



22 



LAND LAWS OF WASHINGTON. 



Tide and 
shore lands, 
classification. 



Harbor line 
commission, 
its duties. 



Laying out 
streets, etc. 



mineral, natural hay, or gravel, or grantee of a right-of- 
way who shall have complied with all the provisions of this 
act relating to such purchasers or grantees, and nothing in 
this section shall be construed to prevent prospecting by 
miners upon said state lands, or the removal of mineral 
therefrom for assaying purposes.* 

TIDE AND SHORE LANDS. 

Sec. 39. The tide and shore lands of the State of Wash- 
ington, which are not reserved from sale by the constitu- 
tion and laws of the state, shall be divided into two classes: 

( I ) Tide and shore lands of the first class, which shall 
comprise all tide and shore lands within or in front of the 
limits of any incorporated city or town, or within two miles 
thereof on either side, including submerged lands lying 
between the line of mean low tide and the inner harbor 
line, wherever harbor lines have been established or shall 
be established. 

(2 ) All tide and shore lands in the state not included in 
the above class, shall be known as second class tide and 
shore lands, and shall be leased and sold as in the manner 
provided in this act. * 

Sec. 40. It shall be the duty of the harbor line commis- 
sion provided for in this act, to survey, plat, examine and 
appraise any tide or shore lands of the first class not here- 
tofore platted and appraised, and may establish harbor 
lines in front of incorporated cities and towns where such 
harbor lines have not been heretofore established under 
the provisions of Art. XV of the constitution of this state. 
[Compare L. '95, p. 550, S 53 ; L. '97, p. 248, § 40.] 

Sec. 41. In surveying tide or shore lands of the first 
class the said harbor line commission shall have power to 
act, and it shall be their duty to lay out streets and alleys 
which shall thereby be dedicated to the public use, subject 
to the control of cities, with due regard to the convenience 
of commerce and navigation : Provided, That all alleys, 
streets, avenues, boulevards and other public thorough- 
fares heretofore located and platted on the tide or shore 
lands of the first class by boards of tide land appraisers 
or the board of state land commissioners, are hereby vali- 
dated as public highways and dedicated to the use of the 



* This section repeals by implication §2193, 1 Hill's Code (L,. '90, p. 124, §1). 
§76, 2 Hill's P. C. (L. '90, p. 125, §4), and §51, L. '95, p. 549. 
See also act approved March 6, Session Laws '99, p. 47. 



LAND LAWS OF WASHINGTON. 23 

public for the purposes for which they were intended, and 
no improver, upland owner or other person shall have the 
right to buy the whole or any part of any such alley, street, 
avenue, boulevard or other thoroughfare. And in apprais- 
ing said lands said commission shall appraise each lot, tract Appraising. 
or piece of land separately, and shall enter in a well bound 
book a description of the lot, tract or piece of land, its 
full appraised value, the area and the rate per acre at 
which it is appraised ; and it said lot is covered in whole 
or in part by improvements in actual use for commerce, 
trade or business, on or prior to March 26, i8go, the said 
commission shall designate the owner of said improve- 
ments, of what they consist, the area of land covered by 
them, the portion of each lot, tract or piece of land and 
the appraised value of the land covered thereby with and 
exclusive of the improvements. [ L. '95, p. 550, § 54 ; L. 
'97, p. 248, § 41.] 

Sec. 42. Said commission shall prepare plats showing all Official plats 
shore and tide lands surveyed and appraised by them in the 
respective counties, on which shall be marked the location of 
all such lands, extending the lines of United States survey 
over the same, and shall prepare and keep in a well-bound 
book a record of their proceedings, including a list of said 
shore and tide lands and their appraisal of the same, which 
plat and book shall be in duplicate. [L. '95, p. 551, § 55 ; 
L. '97, p. 249, §42.] 

Sec. 43. When the said commission shall have dis- ^j^g^*^®" 
charged their duties as aforesaid they shall deposit one ' 
copy of the plat and record as aforesaid with the county 
auditor in the respective counties, who shall file and safely 
keep the same in his office, and they shall deliver one copy 
of the plat and record to the commissioner of public lands. 
[L. '95, p. 551, §56; L. '97, p. 249, §43.] 

Sec. 44. The harbor line commission shall, before deliver- Publishing. 
ing said plat and record to the commissioner of public lands, 
cause a notice to be inserted for a period of four consecu- 

* Lands below high water mark in fresh water lakes, also belong to the state. 
Hy. ilcCue vs. Bellingham Bay Water Co., 5 Wash., 156. 

The tide lands of the state belong to it, and no individual can claim an ease- 
ment in, or impose any servitude upon, the tide waters of the state without the 
consent of the legislature. Euenhacli vs. Hatfield, 2 W., 236; Harhor Line 
Comrn'rs. vs. State, 2 W., 530, and 4 W., 816. 

But the rights of the state in tide lands are subject to the paramouat right of 
the United Statf s by its proper cfflcers, to regulate commerce and navigation. 
Harbor Line C'onim'rs. vs. State, supra. 



24 



LAND LAWS OF WASHINGTON. 



Appeals, 
how taken. 



Bond for 
costs on 
appeal. 



Upland own- 
ers' preference 
rights 
( expired ) . 



Improvers' ex- 
clusive right 
(expired). 



tive weeks in a newspaper of general circulation in the 
county wherein the lands are situate that said plat and 
record describing it is complete and subject to inspection 
at the office of the commission and will be filed on a certain 
day to be named in said notice. Any person claiming a 
preference right of purchase of any of said lands, and who 
feels aggrieved at the appraisement fixed by the commis- 
sion upon said land or any part thereof, may within sixty 
(60) days after the filing of such plats and records by said 
commission (which shall be done on the day fixed in said 
notice) appeal from said appraisement to the superior court 
of the county in which said tide lands are situated. Said 
appeal shall be taken in the manner prescribed in section 
1630 of Hill's Annotated Statutes and Codes of Washing- 
ton, providing for appeals from justice courts. The pros- 
ecuting attorney of any county or city attorney wherein 
such lands are situated shall, at the request of the governor 
or of ten freeholders of the county wherein such lands are 
situated, appeal on behalf of the state from any appraise- 
ment as hereinbefore provided, which appeal shall be taken 
in the manner provided above. Notice of such appeal 
shall be served on the harbor line commission, whose duty 
it shall be to immediately notify all interested. The party 
other than the state or city appealing shall execute a bond 
to the opposite party with sufficient surety, to be approved 
by the state land commissioner, in the sum of two hundred 
dollars conditioned for the payment of the costs on appeal. 
[L. '95, p. 551, §57; L. '97, p. 249, §44.]* 

Sec. 45. The owner or owners of lands abutting or front- 
ing upon tide or shore lands of the first class shall have the 
right for sixty (60) days following the filing of the final ap- 
praisal of the tide and shore lands with the commissioner 
of public lands to apply for the purchase of all or any part 
of the tide or shore lands in front of the lands so owned : 
Provided^ That if valuable improvements, and in actual use 
prior to March 26, 1890, for commerce, trade, residence or 
business have been made upon said tide or shore lands by 
any person, association or corporation, the owner or owners 
of such improvements shall have the exclusive right to apply 
for the purchase of the land so approved for the period 



* Right of another to purchase tide lands cannot be raised by one who has no 
right to purchase. Glohe Mill Co. v. Bellingham Bay Imp. Co., 10 Wash., 458; W- 
F. Hays et al. v. Merchants Bank, of Pt. Townsend, 10 Wash., 573. 



LAND LAWS OF WASHINGTON. 25 

aforesaid: Provided, That the owners of such improve- Adjoining land 

' ^ necessary to 

ments shah have the right in all cases to purchase, in ad- improve- 
dition to the tide lands covered by such improvements, un- 
occupied and unimproved tide lands adjoining such im- 
provements sufficient for the necessary and convenient use 
and enjoyment of such improvements, and the right of the 
owner of such improvements to purchase such adjoining, 
unoccupied and unimproved tide lands as may be requisite 
and necessary for the proper and convenient use of such 
improvements and business shall be prior and superior to 
that of the upland owner or others claiming under, by or 
through such upland owner, except in cases where, prior 
to the passage of this act, a contract for the sale of such 
unimproved tide land has been actually made by the state 
land commissioner with such upland owner. The owner of 
such improvements shall make application to the state land 
commissioner for leave to purchase such additional and ad- 
joining tide lands, and set forth in his application the busi- 
ness, purpose and use for which said additional laud is 
wanted, and which said land shall be fully described by 
metes and bounds, and an accurate plat of the same shall 
be attached to the application ; and shall also show the 
land as surveyed and platted by the state with reference to 
the plat on file in the county where the tide land is situated. 
The commissioner of public lands shall advertise such ap- 
plication as required for applications to purchase tide lands 
of the second class in this act, and after hearing the case 
of the applicant, the harbor line commission shall de- 
termine the applicant's rights, but in no case shall such 
applicant be allowed more land than is necessary for the 
convenient and proper use of his improvements and busi- 
ness. All applications of such improvers for such addi- 
tional tide land shall be filed with the commissioner of 
public lands on or before ninety days from the passage of 
this act. 

Such application shall be in writing and filed with the Applications, 

- , , . , . .... . , r how made. 

commissioner of public lands within the sixty days prefer- 
ence right given upland owners and improvers. If at the 
expiration of sixty days from and after the filing of final 
appraisal with the commissioner of public lands there being 
no conflicting applications filed the applicant shall be 
deemed to have the right of purchase. If at the expira- 
tion of said sixty days two or more applications shall have 



26 



LAND LAWS OF WASHINGTON. 



Conflicts, 
hearing and 
determina- 
tion of. 



Conveyance 
of preference 
right. 



Unsold lands, 
how dis- 
posed of. 



been filed for any tract, conflicting with each other, the 
harbor line commission shall forthwith order a hearing to 
determine the rights of the parties applying for said tract. 
They shall require each applicant, within a time stated, to 
submit under oath a full statement of the facts whereby he 
claims a preference right of purchase, and such statement 
shall be the only pleading required and will be deemed de- 
nied by all other applicants. In case any applicant shall fail 
within the time limited to fiile such statement he shall, unless 
good excuse be shown therefor, be deemed to have waived 
his right of purchase of the tract under his application. 
At the hearing, which may be upon oral or written testi- 
mony, the board shall determine who has the first right of 
purchase to the whole or any portion of the lot or tract in- 
volved, and such award shall be certified to the commis- 
sioner of public lands, who shall, unless an appeal be 
taken from the appraisal or finding to the superior court, 
proceed to sell and dispose of said lands in accordance 
with such finding.* [Compare L. '95, p. 552, § 58, and p. 
553. §61; L. '97, p. 250, §45.] 

Sec. 46. When the abutting upland owner has attempted 
to convey by deed to a bona fide purchaser any portion of 
the tide or shore lands in front of such uplands, or littoral 
rights therein, such right of purchase herein given to the 
upland owner shall be construed to belong to such pur- 
chaser, or to any person, association or corporation claim- 
ing by, through or under such purchaser, to the extent of 
the tract or right so conveyed. [L. '95, p. 552, §59; L. 
'97, p. 252, §46.] 

Sec. 47. Any tide or shore lands of the first class re- 
maining unsold, and where there be no pending application 



*It will be seen that both upland owner's and improvers preference rights 
expired in '97 by limitation. 

All tide lands, improved or otherwise, are subject to sale. State vs. Forrest, 
13 Wash., 268. 

Upland owner has no riparian or littoral rights, as such, to tide lands. Bd. of 
Harbor Line C'o/niiVrs., et at. vs. State ex rel. H. L. Yesler. 2 Wash., 530. 

Nor can he miiintain an action of ejectment against improver of tide lands iu 
front of hi.s upland, where he has acquired no title from the state. Piercers. 
Kennedy, 2 Wash., 324. 

Bui where one holding a governnaent patent, covering upland and tide land, 
conveys a portion of the upland, it i^asses to the grantee littoral rights in the 
abutting tide land. 

Undt r the provisions of the statute giving the upland owner the preference 
right of purchasing tide lands, no right is given the owner of tide land of a pre- 
ference right to purchase abutting tide land. Benny vs. N. P. By. Co., 19 Wash., 
298. 



LAND LAWS OF WASHINGTON. 27 

for the purchase of same, shall be sold on the same terms 
and in the same manner as provided for the sale of school 
and granted lands : Provided, That none of such lands 
shall be sold for less than the appraised value heretofore 
fixed, on said lands ; but when it is deemed advisable and 
for the best interest of the state, such lands may be reap- 
praised in the same manner as provided for the appraise- 
ment and sale of school and granted lands. [L. '97, p. 

252, §47-] 

Sec. 48. All tide and shore lands other than first class, Price of unap- 

^ ' praised lands. 

shall be offered for sale and sold in the same manner as 
school and granted lands, and shall be sold at not less 
than five dollars per lineal chain, measured on the United 
States meander line bounding the inner shore limit of such 
tide or shore lands, and each applicant shall furnish a 
copy of the United States field notes, certified to by the 
surveyor general of the State of Washington, of said me- 
ander line, with his application, and shall pay one-tenth of 
the purchase price on the date of sale. Approved March 
13, 1899. 

Sec. 49. Tide or shore lands of the second class which J^^e'^''^^ 
are separated from the upland by navigable waters, shall 
be sold at five dollars per acre ; the applicant, at his own 
expense, shall surveys and cause to be filed with his appli- 
cation a plat of the surveys of the land applied for. Such 
survey shall be connected with, and the plat shall show, 
two or more connections with the United States surve3^ of 
the upland. The applicant shall also file the field notes 
of the survey of said land with his application. The com- 
missioner of public lands shall examine and attest said plat 
and field notes of survey, and if found incorrect or indefi- 
nite, he shall cause the same to be corrected or may reject 
the same and cause a new survey to be made. 

All applications for second class tide or shore lands shall 
be made in writing to the commissioner of public lands, 
and shall be advertised for a period of five weeks in some 
newspaper of general circulation published in the county 
where such lands are situated. [Compare L. '95, p. 556, 
§§65, 66, 67, 68; L. '97, p. 253, §49.]* 



* For a decision on regularity of application, survey and field notes, see State 
V. Forrest, 13 Wash., 268, and 8 Wash., 610. 

Where an application for the purchase of tide lands accompanied with proper 
proofs has been made to the state land commissioner, the application is subject 
to amendment, and, when so amended, should be considered as relating back to 
the time when it was first tendered. Johnson, v. Woodworth, 18 Wash., 243. 



28 LAND LAWS OF WASHINGTON. 

Leased as Sec. ^o. Tide and shore lands which have not been sold, 

other granted ^ ' 

lands. a.nd for which application to purchase have not been there- 

tofore filed and are pending, may be leased in the same 
manner as provided for the lease of school and granted 
lands : Provided, That when application is made for the 
lease of tide or shore lands of the second class, adjacent to 
upland, the same shall be leased per lineal chain frontage, 
and the United States field notes of the meander line shall 
accompany each application as required for the sale of 
such lands: A77d provided further, When such lands are 
separated from the upland by navigable waters, each ap- 
plication shall be accompanied by the plat and field notes 
of survey of such land applied for as required when mak- 
ing application for the purchase of such lands : Afid pro- 
vided further, That tide lands may be leased for a period 
not to exceed thirty years. Approved March 13, 1899. 

Upland own- 5£q_ cj. All tide and shore lands except as herein ex- 

ers preference ~J ^ 

right. pressly provided shall be sold upon the terms provided for 

the sale of school and granted lands, and within twenty 

Sixty days days after the expiration of the sixty days limited in which 

from ap- -^ _ -^ -' -' 

praisai to file applications for the purchase of tide and shore lands, 

(expired). ^/^ -"^ 

the applicant shall pay to the commissioner of public lands 
one-tenth of the purchase price thereof, and thereupon the 
purchaser shall enter into a contract with the state as pro- 
vided for the sale of school, granted and other lands of this 
act : Provided, That any accretions that may be added to 
any tract or tracts of tide or shore lands heretofore sold or 
that may hereafter be sold by the state shall belong to the 
state ; and shall not be sold or offered for sale until the 
said accretions shall have been first surveyed and platted 
under the direction of the commissioner of public lands, 
and the adjacent owner shall have the preference right to 
purchase said lands for thirty days after the same shall be 
offered for sale : Provided further. That where an appeal is 
taken the purchaser shall in all cases have twenty days 
from the day on which the final judgment of the superior 
court is certified to and filed with the commissioner 
of public lands in which to make said payment and 
enter into said contract : And provided furtJier, That 
in case different persons make application to purchase 
a lot, tract or piece of tide or shore land within sixty 
days, and no appeal is taken from the determination 
of the commission as to which person has the first right to 



LAND LAWS OF WASHINGTON. 29 

purchase, then the findings of the commission shall be 
final, and the successful applicant shall have thirty days 
from the time when served with notice of such findin, 
which notice shall be served b}'' mailing a registered letter 
addressed to the party at his address, which shall be 
stated in the application to purchase. Approved March 
13, i8gg.* [Compare L. '95, p. 561, §81; L. '97, p. 

253, §51-] 

Sec. 52. Any person who is an applicant to purchase Appeal from 
any tide or shore lands may appeal from any finding or de- perior court. 
cision of the said commission as to the prior right to pur- 
chase such tide or shore lands or any part thereof, which 
appeal shall be to the superior court of the county in which 

such tide or shore lands are situate. Such appeal shall be Notice and 

t^ '^ procedure. 

taken by the party desiring to appeal serving upon the 
party in whose favor said decision and determination is 
made, and also upon all other parties who have appeared 
in the contest before said commission, or upon their attor- 
neys, a notice in writing that he appeals from said decis- 
ion and determination to the said superior court, which 
said notice of appeal must be served as aforesaid, and, to- 
gether with the proof or admission of service indorsed 
thereon or attached thereto, must be filed with the said 
harbor line commission within thirty days from and after 
said decision and determination is fil.ed in writing or en- 
tered in the records of said harbor line commisssion. At 
the time of filing such notice of appeal, or within five ^nappeai°°^^^ 
days thereafter, the party appealing shall also file with said 
commission a bond in the penal sum of two hundred dol- 
lars, payable to the adverse party, executed by the appel- 
lant and two or more sureties, who shall justify as bail 
upon arrest ; which bond shall be conditioned that the 
party appealing shall pay all costs that may be awarded 
against him on the appeal or on the dismissal thereof, and 
shall be approved by the chairman of said commission. 
Within thirty (30 ) days after said notice of appeal and ^^^g|^"P* '^'^ 
proof of service has been filed with said commission as 
aforesaid, said commission shall prepare and certify under 
the hand of its secretary and the seal of such commission, 
a true copy of all the pleadings and papers and record en- 

** The right of the riparian owner to future accretions to his land is not a 
vested right, as there can t»e no present vested right in that which may never 
have an existence. Eisenbach v. Hatfield, 2 W., p. 236. 



30 



LAND LAWS OF WASHINGTON. 



Trial de novo 
and without 
jury- 



Appeal to su- 
preme court. 



Certification 
of judgment 
to commis- 
sioner. 



tries connected with said contest, except the evidence 
used in said contest before said commission, to the 
clerk of the superior court of the county to which 
said appeal has been taken. The hearing and trial 
of said appeal in said court shall take place de novo 
before the court without a jur}', upon the pleadings so 
certified. The court or judge, for cause deemed satisfac- 
tory, may order the pleadings to be amended. The cause 
shall be tried and determined and judgment rendered in 
the same manner as if such cause had been commenced be- 
fore said court, in accordance with the rules of law and ev- 
idence governing the trials of causes in said court, so far as 
the same are applicable. Should judgment be rendered 
against the part}^ so appealing, the costs on appeal shall be 
taxed against him and the sureties on the appeal bond shall 
be included in the judgment, and execution may issue from 
said superior court for the collection thereof. Any party 
feeling himself aggrieved by the judgment of said court, 
may appeal therefrom to the supreme court of the state in 
the same manner and within the same time as is now or 
may hereafter be provided by law for appealing from judg- 
ments in actions at law to such supreme court. Unless an 
appeal be taken within the time aforesaid from the judg- 
ment of said superior court, the clerk of said court shall 
certify under his hand and seal of such court, a true copy 
of such judgment to the commissioner of public lands, 
which judgment shall thereupon have the same force and 
effect as if rendered by said commission. [Compare L. 
'95. P- 561, § 82 ; L. '97, p. 254, § 52.]* 



Harbor line 
areas, how 
utilized. 



LEASING OF HARBOR AREAS. 

Sec. 53. The board of state land commissioners shall 
have the power to lease the right to build and maintain 
wharves, docks and other structures upon the harbor areas 
laid out or which shall hereafter be laid out in pursuance 
of the provisions of article XV of the constitution of the 
State of Washington, for such rental and under such general 
rules as said board shall prescribe, except in so far as the 
same are or may be prescribed by law ; but no such lease 
shall be made for any term longer than thirty years. 



* For decisions on practice and procedure in appeals and lights of appellants 
see State ex rel. Nmjlor vs. Sui^erior Court, 19 Wash., 198; S., L. S. dt E. Uy. Co. vs. 
Simjjson, 19 Wash., 628; Denny vs. i\r. P. Uy. Co., 19 Wash., 298; Oliver vs. Dupee, 
16 Wash., 758 and Town of Ilwaco vs. Ilivaco By. <& Nav. Co., 17 Wash., 652. 



LAND LAWS OF WASHINGTON. 31 

The rental fixed and reserved to the State of Washing- Rental, how 

^ nxea. 

ton in each such lease shall be such sum as said board 
shall fix, not exceeding one per centum of the value, as as- 
certained by the last assessment for state and county pur- 
poses previous to the making of each such lease, of a strip 
of the shore or tide lands (exclusive of the improvements 
thereon) adjoining the portion of the harbor area embraced 
in such lease and of equal width, and where such adjoining 
strip of shore or tide lands is of less width than the harbor 
area, a value proportional to said width. 

Said board shall require of each such lessee a bond with Lessee's bond, 
sufficient surety, to be approved by the commissioner of pub- 
lic lands, in such penalty, not exceeding twice the amount 
of the annual rental but in no case less than five hundred 
dollars, as may be prescribed by the board, conditioned 
for the payment by the lessee of the rental reserved in his 
lease at or prior to the times of payment therein specified 
during the term of such lease or during such part thereof 
as the board in its discretion shall require to be covered 
by such bond ; and in case only a part of the term of such 
lease shall be covered thereby, said board shall require of 
such lessee another like bond, to be executed and deliv- 
ered within three months and not less than one month 
prior to the expiration of the period covered by the pre- 
vious bond, covering the remainder of the term of the 
lease, or such part thereof as the board in its discretion 
shall require to be covered thereby. The board shall have 
power at any time to summon sureties upon any bond and 
to examine into the sufficiency thereof, and if it shall find the 
same to be insufficient it shall require the lessee to file a new 
and sufficient bond within thirty days after receiving notice 
so to do, under penalty of cancellation of the lease ; and the 
board shall have power to cancel any lease for a substan- 
tial breach by the lessee of any of the conditions thereof, 
or for lack of a bond therewith, as herein required. The 
lessee of any part of such harbor area may at his or its op- 
tion, improve the same in such manner subject to the 
approval of the board and to such extent as such lessee 
shall elect. The application for, or the making or accept- 
ance of any lease herein authorized shall not work any 
estoppel against either party thereto or against those in 
privity with either party, as to any right or claim which 
might otherwise be made or contested. Any holder of any 



32 LAND LAWS OF WASHINGTON. 

lease made prior to and in full force on the first day of 
March, 1899, who has theretofore fully complied with all 
the requirements of the law relative to such leases, but 
no other person shall be entitled, upon making applica- 
tion therefor to said board, to have the rental reserved by 
his lease adjusted in conformity with the provisions of this 
section; but such adjustment shall not apply to any rental 
previously paid or accrued. If the person, association or 
corporation having the preference right to lease any part 
of any such harbor area has not exercised or shall not 
exercise such right within such time and in such manner 
as may be prescribed by said board in its rules and regu- 
lations, then said board whenever it shall deem it advis- 
able that such part should be leased, shall give thirty days 
notice by publication that a lease of such part of such 
harbor area for such rental and under such general rules 
within the limitations of this section, as said board shall 
have prescribed will be sold, at a time and place to be 
specified in said notices, to the person, association or 
corporation offering at such public sale to pay to the state 
the highest sum as a cash bonus for such lease ; and upon 
the giving of such notice, such lease shall be sold and 
made and delivered, accordingly, the payment of the sum 
offered by the successful bidder being required at the time 
of such sale. All the rentals derived from the leases herein 
authorized shall be paid into the state treasury under such 
regulations as said board may prescribe, and shall con- 
stitute a harbor fund to be used as the legislature may 
direct ; but the sum of one thousand dollars is hereby ap- 
propriated to be paid by the state treasurer out of said 
harbor fund to the commissioner of public lands, as he 
shall call therefor by warrants drawn on the treasurer 
against said harbor fund, to be expended by said commis- 
sioner, and he is hereby authorized to expend the same so 
far as necessary in the examination of the policy and sys- 
tems of other states and countries relative to the control 
and regulation of harbors and water frontage and in the 
gathering, collating and publication of data respecting the 
same, and in paying for any advertising which may be 
done in pursuance of this section, and any part of said 
sum unexpended by said commissioner prior to the first 
day of January, 1901, shall be repaid by him into the state 
treasury and credited to such harbor fund. 



LAND LAWS OF WASHINGTON. 33 

Notwithstanding any such lease now or hereafter exist- 
ing, the state shall ever retain and does hereby reserve the 
right to regulate the rates of wharfage, dockage or other 
tolls to be imposed by the lessee or his assigns upon com- 
merce for any of the purposes for which the leased area 
may be used, and the right to prevent extortion and dis- 
crimination in such use thereof. Approved March 8, 
1899.* [Compare L. '97, p. 355, §53.] 

Sec. '54. In leasing harbor line areas the owner or lessee Abutting hoid- 

~>^ o er's preference 

of the tide or shore lands abutting the portion of the har- right to lease. 
bor line area sought to be leased, shall have a preference 
right to lease said areas under the conditions prescribed in 
the next preceding section. [L. '95, p. 565, § 85; L. '97, 
p. 257, §54-]** 

Sec. sS- Whenever it appears that the inner line of any Power to re- 

•^^ ■^'^ -^ locate inner 

harbor areas heretofore located has been so established as harbor lines. 
to overlap or fall inside of the government meander line, 
or for any other good cause, said commission is empow- 
ered to relocate and re-establish said inner line so errone- 
ously established and outside of said meander line, and 
said inner line so re-established and relocated may be sold 
as other tide lands of like class in accordance with the 
provisions of this act. And any owner of upland having im- ab^ut^t'ing'^o^wn- 
provements situated on the tide lands in front of and abut- ^^^^^^^l'^ 
ting on said upland, not being tide lands of the first class, (expired), 
shall have a preference right to purchase said tide lands at 
five dollars ($5) per lineal chain measured along the Unit- 
ed States meander line until July i, 1897, whether applica- 
tions have been filed or contests exist therefor or not: J^rt?- 
vided, That this act shall not apply to tide lands sold or 
conveyed by contracts or patents already issued. [ Com- 
pare L. '95, p. 565, §87; L. '97, p. 257, § SS-V'^ 

* Under Art. 15, §1 of the Const., forbidding the sale of harbor areas, and pro- 
viding that they shall be forever for landings, wharves, streets and i ther con- 
veniencies of navigation and commerce, the term commerce must be construed 
as modified by the employment of the term navigation, and the commercial use 
of such area must be restricted to such as are aids to navigation; consectuently 
the erection of "other structures" on such areas as for the curing and canning of 
flsh, &c., are not conveniences of navigation and commerce and hence not per- 
missable under the constitution. 8tate ex rel. Denny v. Bridges, 19, Wash., 44. 

** Harbor Line Commissioners have also jurisdiction over Salmon Bay, al- 
though outlet thereto becomes almost dry at low tide. State vs. Harbor Line 
CoinnVrs., 4 Wash., 6. 

*** The board of harbor iline commissioners is authorized under Art. XV, § 1, 
of the Const., to establish harbor lines in front of towns as well as cities, as it 
is evident from the connection in which the word " cities " is used, that the 
framers of the constitution so intended: State vs. Harhor L. ComnVrs., 4 Wash., 6. 

A writ of prohibition will not be granted for the purpose of preventing the 
harbor line commissioners from defining harbor lines : Harbor Line Comm'rs. vs. 
State, 2.^3.3111., 5Z0 



34 



LAND LAWS OF WASHINGTON. 



Present board 
successor 
of old. 



Power to ex- 
pend harbor 
improvement 
fund. 



Board may ac- 
cept lands by 
gift, etc.. on" 
behalf of 
state. 



Sec. 56. The state board of land commissioners shall, 
from the date of the assumption of its official duties, pos- 
sess and exercise over all the lands and areas of the state 
all the authority, power and functions and perform the du- 
ties which the present board of state land commissioners 
now possess, and is hereby constituted its successor, and 
all the provisions of law applicable to said board, not in- 
consistent with the provisions of this act, are hereby made 
applicable to the board created by this act. [ Compare L. 
'95, P- 5^5, § 89; L- '97, P- 258, § 56.] 

Sec. 57. Said harbor line commission shall have full 
power and authority to expend the moneys appropriated 
under an act entitled "An act relating to the improvement 
of harbors and waterways of the State of Washington," 
approved March 10, 1891; and all powers vested by the act 
last mentioned in the harbor line commission therein men- 
tioned are hereby transferred in and devolved upon said 
harbor line commission provided for in this act, hereby 
created, and said commission is hereby authorized to draw 
warrants upon the state treasurer against the harbor im- 
provement fund of the proper city for the amounts of all 
expenditures made by them in the improvement of harbors 
in pursuance of said act last mentioned, or of any law in 
force for the time being, and are hereby vested with all 
powers and authority necessary to carry into effect the full 
intent and purpose of said act, and of all provisions of 
law relative to the improvement or leasing of harbor areas; 
and the necessary and actual expenses of the said com- 
mission or any of its members in discharge of such duties, 
whether for traveling expenses or for'materials, or for cleri- 
cal, expert or other assistance, shall be audited by the 
state auditor on properly authenticated vouchers, and paid 
by the state treasurer on the warrant of the said auditor 
but of said harbor improvement fund. [L. '95, p. 566, 
§90; L. '97, p. 258, ^57-1* 

, Sec. 58. The said board of state land commissioners is 
hereby empowered to accept, in the name of the State of 
Washington, by deed of sale or gift, or by operation of 
law, any or all lands of whatsoever nature, and said lands 
shall be inspected, appraised, managed, leased or sold in 
the same manner as is prescribed herein for granted lands, 



* Said act of '91 stands repealed. See Tacoma Land Co. vs. C. W. Young, 18 
Wash., 495. 



LAND LAWS OF WASHINGTON. 35 

and the proceeds of the lease or sale of all such lands shall 
be converted into the general school fund in the manner 
prescribed by law, or shall be applied to such specific pur- 
pose as may be prescribed by any grantor or testator. 
This section shall apply especially to all lands that are or 
may be escheated to the state. [L. '95, p. 567, § 92; L. 
'97, p. 258, § 58.] 

Sec. 59. All hearings pertaining to the public lands of ^^p^""^ ^P^po^- 
the State of Washington, or any part thereof, as provided subpoenas, etc. 
by this act, the board of state land commissioners shall, in 
their discretion, have power to issue subpoenas and com- 
pel thereby the attendance of witnesses at such time and 
place as may be fixed by the board, to be stated in the sub- 
poenas, and to conduct the examination thereof. Said sub- Service, how 
poenas may be served by the sheriff of any county, or by 
any other officer authorized by law to serve process, or by 
any person over the age of twenty-one years, competent to 
be a witness, but who is not a party to the matter in which 
said subpoena is issued. Each witness subpoenaed by the 
board as witness on behalf of the state shall be allowed the 
same fees and mileage as provided by law to be paid wit- 
nesses in courts of record in this state, said fees and mile- 
age to be paid by warrants on the general fund. And any Can punish 
person duly served with a subpoena as herein provided, 
and who shall fail to obey the same, without legal excuse, 
such failure to obey shall be considered a contempt, and 
the board shall certify the facts thereof to the superior 
court of the county in which such witness may reside, and 
upon legal proof thereof such witness shall suffer the same 
penalties as are now provided in like cases in the courts in 
this state, as prescribed in section 1655 of the second vol- 
ume of Hill's Annotated Statutes and Codes of the State of 
Washington : And it is further provided, That the certificate 
of the board shall be considered by the court diS prima facie 
evidence of the guilt of the party charged with contempt. 
[L. '95, p. 567, § 93; L. '97, p. 259, § 59.] 

Sec. 60. All maps, plats and field notes of surveys re- Commissioner 

>^ ' r- J custodian of 

quired to be made by this act shall, after approval by the ^^^ ^^p'^ ^^^ 

^ -'^ _ ^ r r J records. 

State board or commissioner of public lands, be deposited 
and filed in the office of the commissioner of public lands, 
and all maps, plats and field notes now filed with the board 
of state land commissioners shall be by them deposited 
with the commissioner of public lands, who shall keep a 



36 



LAND LAWS OF WASHINGTON. 



Commission- 
er's seal. 



Harbor area 
improvements 
exempt from 
taxation, 
when. 



Commission- 
er's fees. 



Their dis- 
position. 



careful and complete record and index of all maps and 
plats in his possession in well bound books, which shall at 
all times be accessible to the public. [Compare L. '95, p. 
568, §94;L. '97, p. 260, §60.] 

Sec. 61. That all notices, orders, contracts, certificates, 
rules and regulations, or other documents or papers made 
and issued by or on behalf of the board of appraisers or 
commissions provided for in this act, or the commissioner 
of public lands, shall be authenticated by a seal whereon 
shall be the vignette of Washington, with the words "Seal 
of the commissioner of public lands, State of Washing- 
ton:" Provided, Where improvements have been made on 
tide lands or lands under water in front of towns or cities, 
prior to the location of harbor lines in such towns or cities, 
by the state board of harbor line commissioners, and the 
reserved harbor area as located includes such improve- 
ments, no distraint or sale of such improvements for taxes 
shall be had until six months after said lands shall 
have been leased or offered for lease from or by such 
board, as shall be authorized by law to execute leases 
of tracts embraced within the reserved harbor area of 
the state : Provided, That this act shall not apply to any 
tract or tracts that said board shall decide not to lease or 
otherwise dispose of, and shall not affect or impare the lien 
for taxes on said improvements. [Compare L '95, p. 569 
§96 ; L '97, p. 260, §61.] 

Sec. 62. That the commissioner of public lands, for serv- 
ices performed by him as such, may charge and collect the 
following fees: (i) For a copy of any document or paper 
on file in his ofl&ce, fifteen cents per folio ; (2) for affixing a 
certificate and seal, one dollar ; (3) for each contract of 
sale or deed issued, if for one quarter section or less, one 
dollar ; (4) for each copy of the plat of township, or any 
portion thereof, two dollars. All transcripts under the 
hand and seal of the commissioner, and otherwise duly 
authenticated, shall be received in evidence in any court of 
the state. [L '95, p. 569, §97; L '97, p. 260, §62.] 

Sec. 63. That the commissioner of public lands shall 
keep a fee book, in which must be entered all tees received 
by him, with the date paid and the name of the person pay- 
ing the same, and the nature of the services rendered for 
which the fee is charged, which book must be verified 
monthly by his affidavit entered therein ; and all fees so 



LAND LAWS OF WASHINGTON. 37 

collected by him shall be paid into the state treasury 
monthly, and the receipt of such treasurer taken, to be re- 
tained in the office of said commissioner of public lands as 
a voucher. [L '95, p. 569, §98 ; L '97, p. 261, §63.] 

Sec. 64. That said board of land commissioners be and ^card's action 

1^ in trespass 

it is hereby directed and empowered to investigate all tres- cases. 
passes on and damage to state lands, and prosecute the 
same under the law; that said board shall also appear be- 
fore the United States land offices in all cases involving 
the validity of the selections of any of the state's granted 
or school lands, and shall be authorized and empowered to 
summon witnesses and pay necessary witness fees and 
clerical hire in such contested cases. [L '95, p. 569, §99 ; 
L '97, p. 261, §64.] 

Sec. 6 k. In all cases of contest or appeal arising under Duties of 

. . . ^^ ° attorney 

the provisions of this act, and to which the state may be a general. 
party, it shall be the duty of the attorney general to appear 
for and represent the interests of the state when directed 
so to do by the board of appraisers, harbor line commis- 
sion, arid land commission or commissioner of public lands. 
[Compare L '95, p. 570, §100; L '97, p. 261, §65.] 

Sec. 66. Any person, firm, corporation or association Removingvai- 

■^ f^ ^ uatile mate- 

cutting or removing, or causing to be cut or removed, any rial, penalty. 

timber growing or being upon any state, school or granted 

lands, or manufacturing the same into logs, bolts, shingles, 

lumber or other articles for domestic use or commerce, 

shall be liable to the State of Washington in treble the ^ 

value of the timber or other articles so cut or removed, to 

be recovered in a civil action ; and, moreover, shall forfeit 

all interest in and to the article into which said timber is 

manufactured. *[L'95, p. 570, §101; L '97, p. 261, §66.] 

Sec. 67. That the board of appraisers or commissions, Board's power 

' _ '^ ^ _ 'to review and 

or commissioner of public lands, shall have the right to re- reconsider 
view and to reconsider any of its official acts relating to 
lands of the state until such time as a lease or contract for 
purchase of any of said lands shall have been made, 
executed and signed by the commissioner of public lands 
or by the board itself. [L '95, p- 570, §102; L '97, p. 
261.] 

Sec. 68. This act shall not be construed to affect any 
vested right in any of the public lands as herein defined of 

* See also Act approved March 6, Session Laws '99. 



38 LAND LAWS OF WASHINGTON. 

any person, firm or corporation acquired under existing 
laws, or any preference right of purchase or finding by the 
board of state land commissioners under existing laws, or 
cases now pending before said board or in the courts, but 
the same are hereby confirmed, subject only to such rules 
and regulations for the government of said rights as may 
be hereafter defined by the board of state land commis- 
sioners. [Compare L '95, p. 570, §103; L '97, p. 262, 
§62.] 
i°3®^*'?®'^i °^ Sec. 6q. That whenever there shall be in the state school 

school funds. -^ 

fund applicable to investment the sum of five thousand dol- 
lars or more, the board of state land commissioners may in- 
vest the same in national, state, municipal or other county 
' bonds, at par, of the United States, this state, or of the 
counties or school districts, bearing not less than five per 
cent, interest per annum, or in warrants drawn upon the 
State of Washington. Upon such investments being made, 
the bonds or warrants purchased shall be deposited with 
the state treasurer, and thereupon the duties and powers of 
the board of state land commissioners, as to their duties to 
such funds or securities, shall cease, and the state auditor 
is hereby authorized to draw his warrant on said school 
fund for the amounts so purchased. [L '93, p. 407, §25; 
L '95. P- 547. §44 > L '97, p. 262, §69.]. 
seafon"^^ Sec. 70. An act entitled "An act for appraising and dis- 

posing of the tide and shore lands belonging to the State of 
Washington," approved March 26, 1890; an act entitled 
"An act to provide for the selection of lands granted to 
the State of Washington, under an act of congress approved 
February 22, 1889, for the purpose of the erection of public 
buildings and the penitentiary, the use and support of 
agricultural, scientific and normal schools and state charita- 
ble, penal and reformatory institutions, also providing for 
the selection of lands granted to the State of Washington 
under sections 1947, 2275 and 2276 of the revised statutes 
of the United States," approved March 10, 1891 ; an act 
entitled "An act to provide for the selection, survey, man- 
agement, lease and disposition, of the state's granted, tide, 
oyster and other lands, harbor areas, and for the confirma- 
tion and completion of the several grants to the state by 
the United States, creating a board of state land commis- 
sioners, defining their duties, and authorizing them to act 
as the commission provided for in article xv of the state 



LAND LAWS OF WASHINGTON. 39 

constitution, and declaring an emergency," approved March 
26, 1895; an act entitled "An act accepting the terms of 
the act of congress, approved August 18, 1894, providing 
for the reclamation, settlement and disposition of the one 
million acres of arid land granted therein, making ap- 
propriation therefor, and declaring an emergency," (ex- 
cepting section one of said last mentioned act), approved 
March 22, 1895, are hereby expressly repealed; an act en- 
titled "An act relating to the improvement of harbors and 
waterways in the State of Washington, and providing funds 
therefor," approved March 10, 1891, is hereby repealed. 

Sec. 71. Whereas, under existing laws the state is sus- 
taining great and irreparable loss in the appraisement, sale, 
lease and disposition of its lands, an emergency is hereby 
declared to exist, and this act shall take effect and be in 
force from and after its passage and approval by the gov- 
ernor. 

Approved March 16, 1897. 



REVISION OF A PORTION OF PLAT OF THE 
SEATTLE TIDE LANDS. 

(Chap. XXVIII, p. 32, Session Laws '97.) 

An Act providing for the correction and revision of a portion of 
the plat of Seattle tide lands, and an appraisement of the lots in 
the portion so revised and corrected, authorizing and prescrib- 
ing the manner of readjustment of existing rights in accordance 
therewith, and declaring an emergency. 

Be it enacted by the Legislature of the State of Washington : 

Section i. That the board of state land commissioners Authorization. 
be and is hereby authorized and instructed to correct and 
revise the plat of Seattle tide lands as heretofore surveyed 
and platted by the board of appraisers of tide and shore 
lands for King county, Washington, in the following man- 
ner, to-wit : By substituting for sheets numbered twenty- Substitution 

r,,, r^xri /Nil of certain 

tour (24) and twenty-nve (25) of volume one (i) and sheets plats. 
numbered twenty-six (26), twenty-seven (27) and twenty- 
eight (28) of volume two (2) of said plat of Seattle tide 
lands, the supplemental sheets of similar numbers submit- 
ted by the city council of the city of Seattle, and presented 
in duplicate to this legislature for action thereon, and the 



40 



LAND LAWS OF WASHINGTON 



Re-platting, 
how made. 



Appraise- 
ment. 



Readjustment 
of vested 
rights. 



By mutual 
agreement. 



board of state land commissioners is hereby authorized and 
instructed to deposit one copy of each of said supplemental 
sheets with the county auditor of King county, and one 
copy thereof with the commissioner of public lands, for 
substitution in the records of said offices in lieu of the 
original sheets deposited as part of the plat and record of 
the work of the local board of tide land appraisers : Pro- 
vided, That such correction and revision shall be of no 
force or effect as against any rights or titles heretofore law- 
fully granted by the state in conformity with the original 
platting, except in pursuance of mutual agreements or pay- 
ment of just compensation after due process of law as 
hereinafter set forth and provided. 

Sec. a. That the board of state land commissioners be 
and is hereby authorized and instructed, within sixty (60) 
days after the going into effect of this act, to make an ap- 
praisement of all the lots, tracts or parcels of tide lands 
affected by the correction and revision authorized in sec- 
tion one (i) hereof, using for such appraisement the same 
basis of valuation upon which the lots indicated by the 
original platting were appraised, applying same as near as 
may be, with due regard to location and proportionate 
areas ; such appraisement to be made and be subject 
in all other respects to the law now in force governing the 
appraisement of tide lands of the first class, and copies of 
the record thereof shall be made in duplicate, and one copy 
filed with the county auditor of King county and one copy 
with the commissioner of public lands. 

Sec. 3. That the board of state land commissioners be 
and is hereby authorized and instructed to secure, by 
mutual agreements, where possible, a readjustment of all 
rights and titles heretofore granted in accordance with the 
original platting, where the same are in conflict with the 
plat as by this act corrected and revised, so that such 
rights and titles shall conform with the said plat as so cor- 
rected and revised ; and in furtherance of such readjust- 
ment by mutual agreements, the said board is hereby au- 
thorized and instructed to receive, on behalf of the state, any 
surrender, release or conveyance of any such existing right 
or title, making due compensation therefor in pursuance of 
such mutual agreement from the fund received from the 
sale of tide lands, and to enter into new contracts or deeds, 
on behalf of the state, with all persons or corporations 



LAND LAWS OF WASHINGTON. 41 

so surrendering, releasing or conveying any existing rights 
for such lots, tracts or parcels of the tide lands as, in the 
judgment of the said board, such persons or corporations 
are justly entitled to purchase in conformity with the 
revised and corrected platting ; all such new contracts 
or deeds to be issued only upon payments made as pro- 
vided by law, in accordance with the appraisement made 

in pursuance of section 2 of this act. And in cases where 9^'^"^ °^^' 
" demnation, 

a mutual agreement for such readjustment cannot be ef- 
fected, then the board of state land commissioners is 
hereby authorized and instructed on behalf of the State 
of Washington to secure a vacation and surrender of any 
such existing rights and titles in conflict with the revised 
platting by due process of law, paying therefor the just 
value of the same as determined by law, from the tide 
lands fund, and making new contracts or deeds as herein- 
before set forth in cases where readjustment is made by 
mutual agreement. The state auditor is hereby authorized 
to draw such warrants upon the tide lands fund as are 
necessary to carry out the provisions hereof. 

Sec. 4. That the board of state land commissioners be unsoidfands 
and is hereby authorized and instructed hereafter to dispose 
of unsold tide lands within the limits of the portion of 
Seattle tide lands included in the sheets of the plat referred 
to in section i of this act, only with reference to and in 
conformity with the suplemental sheets of said plat by 
said section ordered to be substituted for the original plat- 
ting. 

Sec. S- The powers hereby conferred and duties imposed Board may 

-^ ^ -^ _ J^ designate 

upon the board of state land commissioners shall be pos- such powers, 
sessed and exercised by any other board or officer who 
may hereafter succeed to the jurisdiction and powers in 
respect to tide lands now possessed by the board of state 
land commissioners. 

Sec. 6. An emergency is hereby declared to exist, and Emergency. 
this act shall take effect and be in force from and after its 
passage. 

Approved March 2, 1897.* 

* The right given municipal corporations hy Art. 15, § 3 of the state constitu- 
tion to extend their streets over tide lands, to and across the harbor areas, re- 
served for purposes of commerce and navigation, is not a continuing one; and 
where a city at time of platting exercises its right, by filing a plat extending 
every alternate street across the tide land, it is precluded from subsequently ex- 
tending the remaining streets across the intervening tide lands, except by con- 
demnation and payment. State ex rel. Gatzert-Schivabacher Land Co. vs. Bridges, 
19 Wash., 428. 



42 



LAND LAWS OF WASHINGTON. 



Authorizing 
cancellation. 



CANCELLATION OF APPLICATIONS, ETC., FOR 
CERTAIN TIDE LANDS. 

(Chap. XXVII, p. 30, Session Laws '97.) 

An Act providing- for the cancellation of applications, con- 
tracts or deeds heretofore received or made for certain portions 
of the tide lands in the harbors of cities of the first class, pre- 
scribing the conditions under which the same may hereafter 
be disposed of, and declaring an emergency. 

Be it enacted by the Legislature of the State of Washington: 
Preamble. SECTION I. That, whereas, the board of state land com- 

missioners has heretofore received and considered appHca- 
tions for and has issued contracts or deeds puporting to 
convey to private persons or corporations, certain lots 
platted on the tide land areas within the harbors of cities 
of the first class, vi^hich said lots are in reality legally es- 
tablished projections or extentions of public streets within 
the corporate limits and along or across the harbor areas 
of such cities, which said projections and extentions were 
duly made by said cities in pursuance of the act of March 
24th, i8go, relating to charters of cities of twenty thou- 
sand inhabitants and upwards, therefore, the board of state 
land commissioners is hereby instructed to cancel all deeds 
or contracts and to reject all applications covering any such 
street extentions or projections which are not duly vacated, 
refunding all moneys paid thereon, and no sale or 
grant of any land included within the limits of any such 
street shall hereafter be made unless and until the same 
shall be duly vacated or disestablished by the author- 
ities of such city. The state auditor is hereby authorized to 
draw such warrants upon the tide lands fund as are necessary 
to carry out the provisions hereof. 

Sec. 2. The powers hereby conferred, and the duties im- 
posed upon the board of state land commissioners shall be 
possessed and exercised by any other board or officer who 
may hereafter succeed to the jurisdiction and powers in re- 
spect to tide lands now possessed by the board of state land 
commissioners. 
Emergency. Sec. 3. Whereas, an emergency exists, this act shall take 

effect immediately. 

Approved March 2, 1897. 



Board may 
designate 
such powers. 



LAND LAWS OF WASHINGTON. 43 



PUBLIC WAYS ACROSS TIDE FLATS NEAR 
TOWNS. 

(Session Laws 1889-90, p. 731.) 

An act to establish and define public ways for water crafts across 
the tide flats within, in front of, and a mile either way from, all 
incorporated cities and towns in the State of Washington. 

Be it enacted by the Legislature of the State of Washington : 

Section i. There shall be established one or more public Establishment 

•in • 1 • 1 • -Of public 

ways across all of the tide flats that are situated within or m ways over 

. . tide lands. 

front of any incorporated city or town, or withm two miles 
either way from any incorporated city or town within the 
State of Washington. 

Sec. 2. The public ways provided for in section one of Limit of 

^ ■' ^ width. 

this act shall not be less than fifty nor more than one thou- 
sand feet wide, and shall commence at the outer or deep 
water end, in not less than twenty feet of water at low tide, 
and shall extend inland across the state's tide lands. 

Sec. s- The public ways above provided for shall be so Navigable 

. . . . . . streams. 

located as to include, as near as is practicable, within their 
bounds, all navigable streams running through the tide flats 
in which they are located, and at such other places as may 
be necessary for the present or future convenience of com- 
merce. 

Sec. 4. All public ways established under the provisions Marking 
of this act shall be well defined by posts not less than eight 
inches in diameter, firmly set or driven in the ground and of 
sufficient length so that they will project above the water at 
high tide not less than four feet, and such posts shall not be 
over four hundred feet apart ; and all such public ways 
shall be correctly surveyed and connected, by meets and 
bounds, with the government surveys, or such other per- 
manent land marks as will make a lasting record ; and a fiats must 

° ' be filed. 

correct plat of all public ways so established shall be made, 
one copy of which shall be filed with the secretary of state, 
one cop5^ with the commissioner of public lands of the 
state, one copy shall be kept in the office of the chairman 
of the board of harbor line commissioners, and each county 
shall be furnished with a correct plat of all such public 
ways established within its borders, and such plats shall 



44 



Reservation. 



Navigable 

vraters 

defined. 



Powers of 
harbor line 
commission. 



Expenses, 
how paid. 



LAND LAWS OF WASHINGTON. 

be filed as city or town plats are filed, and become a part 
of the county records. 

Sec. 5. All the public ways that may be established 
under the provisions of this act are, and shall forever be, 
reserved from sale or lease as public ways for water crafts. 

Sec. 6. Where the words ''tide flats or tide lands" are 
used in this act, they shall be construed to mean all lands 
over which the tide ebbs and flows, and which is bare at 
low tide; and where the words "ordinary water crafts" are 
used, they shall be construed to mean boats, barges and 
other water crafts drawing two and one-half feet and over 
of water. 

Sec. 7. The board of harbor line commissioners are 
hereby authorized and instructed to carry out the provisions 
of this act, and they shall begin operations as soon as prac- 
ticable after the passage and approval of this act ; and they 
are hereby authorized to employ such assistance and pro- 
cure such material as may be necessary to carry out the 
full intent and purpose of this act, and the compensation 
for the same shall be such reasonable amount as said com- 
missioners may deem advisable. 

Sec. 8. All bills incurred in carrying out the provisions 
of this act shall be audited and paid in the same manner as 
is provided in the act creating the harbor line commission- 
ers, for the payment of bills incurred by them. 

Approved March 28, i8go. 



RELATING TO DAMAGE AND WASTE ON PUB- 
LIC LANDS. 

(Chap. XXXIV, Session Laws -99.) 

An Act making it unlawful to injure or damage in any way the 
public lands of the State of Washington, and prescribing the 
punishment therefor. 

Be it enacted by the Legislature of the State of Washington: 

Section i. If any person shall cut down, destroy, injure, 
or cause to be cut down, destroyed or injured, any timber 
standing, growing or felled upon any of the lands of the 
State of Washington before deed shall have been issued 
by the state therefor as provided by law, or shall take or 



I.AND LAWS OF WASHINGTON. 45 

remove, or cause to be taken or removed from any such 
lands, any timber, wood, clay, sand or other material or 
substance thereon, or shall dig, quarry, take or remove 
any mineral (except by contract with the state), earth or 
stone from such lands, or shall cause to be dug, quarried, 
taken or removed any mineral (except by contract with the 
state), earth or stone from such lands, or shall otherwise 
injure, deface or damage, or shall cause to be injured, de- 
faced or damaged any such lands, he shall be deemed 
guilty of a misdemeanor. 

Sec. 2. That nothing in this act shall be so construed as 
to prevent any person, who shall lease said lands or hold 
the same under contract with the state for the purchase 
thereof and occupy the same for the purpose of a home, 
from cutting such timber as may be necessary for domestic 
use or to clear land for actual cultivation : Provided, That 
such lessee or contractor may sell such timber so cut in 
good faith for the purpose of clearing such land for culti- 
vation : Provided further, however, That before any timber 
may be sold by any such lessee or contractor he must first 
obtain the written consent of the commissioner of public 
lands of the State of Washington to such sale : otherwise 
such lessee or contractor shall not have the benefit of the 
provisions of this section. 

Sec. 3. Any person or persons violating the provisions 
of this act shall be guilty of a misdemeanor and, upon con- 
viction thereof, be punished by a fine of not less than 
twenty-five dollars nor more than one thousand dollars, or 
by imprisonment in the county jail of the county in which 
such conviction was had^ for a time not less than one month 
and not more than one year, or by both fine and imprison- 
ment. 

Approved March 6, 1899. 



46 



LAND LAWS OF WASHINGTON. 



Reappraised 
by January 1, 
1900. 



Copy de- 
posited. 



Retroactive. 



REAPPRAISEMENT OF NEW WHATCOM AND 
FAIRHAVEN TIDE LANDS. 

(Chap. XCII, Session Laws '99.) 

An Act providing for the reappraisement of the tide lands at and 
in front of the cities of New Whatcom and Fairhaven, What- 
com county, Washington. 

Be it enacted by the Legislature of the State of Washington : 

Section i. That the board of state land commissioners 
may, at any time on or before January i, A. D., 1900, 
make, or cause to be made, a reappraisement of any or all 
of the tide lands at and in front of the cities of New What- 
com and Fairhaven, in Whatcom county, in this state, the 
original appraisement of which is disproportionate to, and 
in excess of, the value of such lands, and such reappraise- 
ment when made shall be in lieu of the original appraise- 
ment. 

Sec. 2. When such reappraisement shall have been made, 
a copy thereof shall be deposited in the office of the county 
auditor of Whatcom county. 

Sec. 3. When such tide lands shall have been reap- 
praised hereunder, and it has been found that any part or 
portion thereof has been heretofore sold upon an appraise- 
ment in excess of the value thereof as shown by such reap- 
praisement, the purchaser or purchasers may, and are 
hereby permitted to, complete the purchase so made upon 
the valuation as reappraised under the provisions of this 
act, and any partial payments heretofore made on such 
sale shall be credited to the purchaser as if made under the 
reappraisement hereby authorized. 

Approved March 13, i8gg. 



LAND LAWS OF WASHINGTON. 47 



ANNUAL LAND REPORT FOR WASHINGTON 
SCHOOL OF TECHNOLOGY. 

(Chap. IX, Session Laws '99.) 

An Act for rendering available the endowment of the agricul- 
tural college, experiment station and school of science of the 
State of Washington, and declaring an emergency. 

Be it enacted by the Legislature of the State of Washington: 

Section i. It shall be the duty of the state land com- Yearly report. 
missioner to make a report to the board of regents of the 
agricultural college and school of science on or before the 
first Monday in April, i8gg, and on or before the first 
Monday in April of each succeeding year, which said re- 
port shall contain a complete detailed statement — 

(i) Of all lands which have been selected under an act of Of selections 

. . under what 

congress approved July 2, 1862, entitled, ''An act donating federal 
public lands to the several states and territories which may 
provide colleges for the benefit of agriculture and the me- 
chanic arts," and all acts supplementary thereto, and un- 
der the act of congress of February 22, 1889, entitled, 
"An act to provide for the division of Dakota into two 
states and to enable the people of North Dakota, South 
Dakota, Montana and Washington to form constitutions 
and state governments and to be admitted into the Union 
on an equal footing with the original states, and to make 
donations of public lands to institutions," which said se- 
lections have been approved by the secretary of the inte- 
rior, for the use and support of agricultural colleges and , 
for a scientific school, which statement shall set forth the 
lands set apart for the agricultural college and for the 
school of science in distinct and separate lists : P^^ovided, 
That the land commissioner shall not be required to in- provisos, 
elude in such annual report a statement of approved se- 
lections and locations made in any previous annual report : 
And provided, further, That when the entire amount of the 
one hundred and ninety thousand acres of land set apart 
for the use and support of the agricultural college and 
school of science shall have been selected, located and ap- 
proved by the secretary of the interior, and included in 
any annual report or reports to the said board of regents, 



48 



LAND LAWS OF WASHINGTON. 



Of lands al- 
ready selected. 



Of moneys re- 
ceived, etc. 



State treas- 
urer's report. 



Of any securi- 
ties deposited. 



that thereafter the land commissioner shall not be required 
to make such annual report. 

(2) Of all lands belonging to the agricultural college and 
likewise to the school of science sold prior to said first 
Monday in April, 1899, and on or before the first Monday 
in April of each succeeding year, which statement shall ac- 
curately describe the lands sold, the price received for the 
same, and all moneys received from the sale of [or] lease of 
said lands or from the sale of timber, stone or hay from 
said lands : Provided, That the land commissioner shall 
not be required to include in such annual report a state- 
ment of lands sold or moneys received which shall have 
been included in any previous annual report. 

(3) Of the investment of all moneys received from the sale 
or lease of agricultural college lands or from the sale of 
timber, stone or hay from said lands, which report shall 
describe fully the stocks, bonds or other securities in which 
said moneys shall have been invested, specifying the is- 
suer or issuers, the rate of interest, the time to run, and 
the face or par value of said stocks, bonds or other secu- 
rities, and a like report of the disposition of all moneys 
received from the sale or lease of lands set apart for the 
scientific school and from the sale of timber, stone or hay 
from said lands : Provided, That the land commissioner 
shall not be required to include in any annual report a 
statement of the disposition of any mone3^s included in any 
previous annual report. 

Sec. 2. It shall be the duty of the state treasurer to make 
a report to the board of regents of the agricultural college 
and school of science on or before the first Monday of 
April, 1899, and on or before the first Monday of April of 
each succeeding year, which said report shall contain a 
complete detailed statement — 

(i) Of all stocks, bonds or other securities belonging to 
the agricultural college and school of science which may 
have been deposited with said treasurer by the land com- 
missioner during the year next preceding said report, to- 
gether with all other securities belonging to said college 
which may be in his custody, setting forth in separate 
statements those which have been derived from the sale 
or lease of agricultural college lands and those which have 
been derived from the sale or lease of the scientific school 
lands. 



LAND LAWS OF WASHINGTON. , 49 

(2) Of all interest received during the year next preceding Of interest 
said report, on all stocks, bonds, or other securities be- 
longing to the agricultural college and school of science 

which may be or may have been in the custody of said 
treasurer, and of all premiums which may have been re- 
ceived on securities sold or redeemed during the aforesaid 
period. 

(3) Of all stocks, bQnds, or other securities belonging to of securities 
the agricultural college and school of science which may ^®^'^- 
have been paid, redeemed or sold during the year next pre- 
ceding such report, together with the principal sum or 

sums remaining in the hands of said treasurer uninvested. 

Sec. 3. To the end that the endowment of the agricul- Regents to 
tural college and school of science may be conserved and '''^^''''^ ^^'^^^' 
increased, it shall be the duty of the board of regents of 
the said college and school of science, at as early a date 
as practicable to inspect or cause to be inspected the 
lands set apart for the use and support of the agricultural 
college and school of science, and to gather or cause to 
be gathered such information relative to the character, 
condition and true value of said lands as may be conducive 
to a wise and advantageous disposition of the same, and 
to collect and distribute such information as shall facilitate 
the sale or lease of said lands, as provided by law, and to 
furnish such information to the land commissioner when 
called for: Provided, That the expenses of collecting and At college's 
distributing such information shall be paid from the main- ®''^^'"'®- 
tenance fund of the college, which said expenses shall not 
exceed one thousand dollars in any one fiscal year, and 
shall not exceed three thousand dollars in the aggregate : 
Provided further, That a complete report of the doings of And to report, 
the board of regents in the collecting and distributing of 
information and facihtating the sale or lease of said lands, 
together with the expenses incurred therein shall be in- 
cluded in the annual report of the board of regents to the 
governor and legislature. 

Sec. 4. An emergency exists, and this act shall take ef- Emergency. 
feet immediately. 

Approved February 11, 1899. 



50 LAND LAWS OF WASHINGTON. 



INVESTMENT OF PERMANENT SCHOOL FUND 
IN STATE BONDS. 

(Chap. XLIV, Session Laws '99.) 

An Act authorizing the issuance of state bonds and the invest- 
ment of the permanent school funds therein, and declaring an 
emergency. 

Be it enacted by tlie Legislature of the State of Washington : 

Jri amounts of SECTION I. Whenever there shall be in the hands of the 

f 5.U00 or over. 

state treasurer, belonging to the state permanent school 
fund, money to the amount of five thousand dollars or 
more, of which no investment can be made in the securi- 
ties now or hereafter authorized by law, and the state shall 
have an outstanding general fund warrant indebtedness 
in amount equal to or greater than the amount of five 
thousand dollars (^5,000), the governor of the state and 
the state auditor are hereby authorized, and it shall be their 
duty, to issue the bonds of the State of Washington in 
amount equal to that amount and sell and deliver such 
bond to the state treasurer for the account of the state per- 
manent school fund at the face or par value thereof. * 
Denomination Sec. 2. Such bonds shall bear date of issue and be issued 

and interest. 

in denominations of five thousand dollars ($5,000.00), and 
, shall bear interest at the rate of 3}^ per cent, per annum, 
payable semi-annually on the first day of May and Novem- 
ber of each year until paid, payable out of the state general 
fund. The principal of said bonds shall be payable, any 
or all of them, on or before twenty years from date of 
issue to the state treasurer for the account of the state 
permanent school fund, out of the state general fund, to 
which the proceeds thereof shall have been credited, and 
when paid the principal thereof shall be credited to the 
state permanent school fund. 

coupons^ S^^'- 3- Said bonds shall be printed on good bond paper 

and shall each be signed by the governor and personally 
attested by the state auditor and sealed with the seal of the 
state auditor, but no coupon need be attached thereto. 

Bought at par. Sec. 4. It shall be the duty of the state treasurer, when- 
ever any such bonds are executed and presented to him, to 

* See §69, p. 38, supra. 



LAND LAWS OF WASHINGTON. 51 

invest the state permanent school fund in such bonds to 
the amount of the face or par value thereof at par, and re- 
ceipt to the state auditor therefor and at once transfer 
from the state permanent school fund to the state general 
fund money to the amount of the face or par value of such 
bonds so delivered to him, and the money so transferred to 
the general fund shall be at once used in the redemption 
of outstanding general fund warrants. * 

Sec. 5. All interest paid on such bonds shall be credited 
to the current common school fund of the state on the day 
it falls due. 

Sec. 6. It shall be the duty of the state treasurer to re- Redemption. 
deem any of said bonds on any interest pay day whenever, 
and to the extent that he shall have in his hands money 
belonging to the state general fund equal to one or more 
of such bonds in excess of all outstanding general fund 
warrants. 

Sec. 7. An emergency exists and this act shall take ef- Emergency. 
feet immediately. 

Approved March 8, i8gg. 



PAYMENTS ON WASHINGTON UNIVERSITY 
SITE. 

(Chap. CXII, Session Laws '99.) 

An Act providing for the payment of certain delinquent and ac- 
cruing interest, making an investment of the permanent 
school fund, making an appropriation therefor, and declaring 
an emergency. 

£e it enacted by the Legislatui'e of the State of Washington: 

Section i. There is hereby appropriated out of the gen- Appropriation 

1 r 1 • 1 1 r • 1 1 1 O"^ general 

eral fund m the state treasury the sum of eight thousand fund, 
four hundred and ninety-four and lo-iooths (^8,494.10) 
dollars for the purpose of paying the delinquent interest 
due and owing from the University of Washington on 
state school land contract of sale No. 1351 issued October 
II, 1893, to the University of Washington for the benefit ^^'^QP^^^j^^jf^ 
of the current school fund of said state, and the state 
auditor is hereby authorized and directed to draw his 

* state ex rel. Hellar v. Young, 18 Wash., 21. 



52 



LAND LAWS OF WASHINGTON. 



Refunded by 

university 

fund. 



Or purchased 
by permanent 
school fund. 



Annual inter- 
est appro- 
priation. 



Emergency. 



warrant on the general fund for said sum of ^8,494.10 in 
favor of said current school fund, and which said appro- 
priation of $8,494.10, together with the legal rate of inter- 
est on state warrants shall be refunded to the general fund 
of the state from the university fund at such time as there 
may be funds in said university fund to refund the same : 
Provided, That in case there shall not be any money with 
which to pay said warrant when the same is presented for 
payment, said state treasurer shall purchase said warrant 
with any moneys in his hands belonging to the permanent 
school fund under the terms and provisions of section 69, 
chapter LXXXIX, Session Laws of 1897. 

Sec. 2. There is hereby appropriated out of the univer- 
sity fund of the State of Washington, annually, from and 
after October 11, 1898, the sum of sixteen hundred and 
ninety-eight and 82-iooths ($1,698.82) dollars to meet the 
payments of interest accruing upon said state school land 
contract of sale No. 1 35 1 , and the state auditor is hereby au- 
thorized and directed to draw his warrant upon the 
university fund in favor of the current school fund for said 
annual interest charged when the same shall become due. 

Sec. 3. An emergency exists, and this act shall take 
effect immediately. 

Approved March 13, 1899. 



State treas- 
urer'.s duty. 



INVESTMENT OF PERMANENT SCHOOL FUND 
IN STATE WARRANTS. 

(Chap. XLII, Session Laws '99.) 

An Act in reg'ard to the investment of the permanent school 
fund in state warrants and declaring an emergency. 

Be it enacted by the Legislature of the State of Washingtofi: 

Section i. It shall be the duty of the treasurer of the 
State of Washington, whenever he shall have in his hands 
any money belonging to the permanent school fund of the 
state in amount equal to or in excess of any warrant here- 
after drawn upon the general fund of the state presented 
to him for payment by the holder thereof, which warrant 
the treasurer cannot pay upon presentation for want of 
funds available for the redemption of such warrant at the 



LAND LAWS OF WASHINGTON. 53 

time of presentation, to give to the holder of such war- 
rant, out of the permanent school fund the amount of the 
face or par value of such warrant. * 

Sec. 2. It shall be the duty of the holder of any state Duty of war- 

^ -' rant holder, 

general fund warrant, upon presenting the same to the 

treasurer for payment, to accept from the treasurer there- 
for the amount therein directed to be paid, whenever the 
treasurer has, in his hands money belonging to the perma- 
nent school fund in an amount equal to or in excess of the 
face or par value of such general fund warrant, and the 
treasurer shall not indorse any general fund warrant "not 
paid for want of funds" when there shall be in his hands 
money belonging to the permanent school fund in amount 
equal to or in excess of any such warrant presented for 
payment, and from and after the date of such purchase 
such warrants shall bear interest as though they were 
stamped "not paid for want of funds." 

Sec. 3. The state treasurer shall stamp or write across As to endors- 
ing and keep- 
the face of each of such warrants the words "purchased by ing record. 

the permanent school fund," and shall keep a record of all 
such warrants so purchased, and shall report to the state 
auditor by number, amount and date of purchase all 
state general fund warrants purchased by him with perma- 
nent school funds, and shall be credited therewith, and 
shall safely keep such warrants until they shall be paid out 
of the general fund in their regular order. When so paid 
he shall report the payment thereof to the auditor by num- 
ber, amount and date of payment together with the amount 
of interest accrued thereon from date of purchase to date 
of payment at the legal rate, and shall credit the perma- 
nent school fund with the principal thereof and the cur- 
rent common school fund with the interest accrued thereon. 

Sec. 4. An emergency exists and this act shall take ef- Emergency. 
feet immediately. 

Approved March 7, 1899. 

* See § 69, p. 38, supra. 

For a decision on the investment of a fund in general fund warrants and en- 
dorsements thereon see State ex rel. Hellar vs. Young, 18 Wash. , 21. 



54 LAND LAWS OF WASHINGTON. 



SCHOOL LANDS— FOR THE RELIEF OF PUR- 
CHASERS OF. 

(Session Laws, 1889-90, p. 448.) 

An Act for the relief of bona fide purchasers of school or univer- 
sity lands heretofore sold under authority of laws enacted by 
the Territory of Washington, and declaring an emergency. 

Be it e?iacted by the Legislature of the State of Washington : 

Title may be SECTION I. All persons who have purchased school and 

secured, -when. _ ^ _ _ 

university lands from the commissioners of any county, 
county school superintendent or other agent of the county, 
or the university commissioners of the Territory of Wash- 
ington, acting under the authority of any law passed by 
the Territory of Washington, where the full purchase price 
for such land has been paid in good faith to such county 
or university commissioners, or other authorized agent, 
may secure title therero as hereinafter provided. 
And by whom. Sec. 2. That any person, or liis executors, administrators, 
heirs, assignee or successor in interest, being the legal and 
bona fide holder and owner, assignee or legal representative 
of the person to whom has been made a conveyance of such 
school or university land, which conveyance has been exe- 
cuted by the county commissioners or county school super- 
intendent of an}^ county, or the university commissioners of 
the said Territory of Washington, or an authorized commis- 
sioner or regent of the university of said territory, or by 
any other officer, commissioner or agent acting under au- 
thority conferred by any law of the said Territory of Wash- 
ington, where the grantee named in such conveyance has 
paid the full purchase price for said land, and for any rea- 

Conditions of gon such ffrantee has not been vested with a title thereto, 
action to ° 

confirm title, such purchaser, his assignee or legal representative shall 
have a right of action against the State of Washington, in 
the superior court of the county in which the land is situ- 
ated, to secure a confirmation of title to the land described 
in said deed, or to a specific performance of the conditions 
of the deed or instrument, and the court in its decree may 
order a deed to be executed by the commissioner of public 
lands of the State of Washington confirming to the grantee, 
or assignee, or legal representative the tract described in 
such conveyance, or intended to have been granted thereby. 



LAND LAWS OF WASHINGTON. 55 

Sec. 3. Any person having or claiming any right or inter- ^firties to 
est in any land which shall be the subject of said action, 
shall be made a party to said suit, and such right or inter- 
est of said claimant, whether legal or equitable, shall be 
tried and determined by said court, and the decree of the 
court shall have full power to adjudge and settle the res- 
pective rights of the claiming parties. 

Sec. 4. In all cases where the land or tracts of land de- state to refund 

^ purchase 

scribed in such deed or conveyance shall have been granted P"oe, when. 
to any other person or persons under any law of the United 
States or not granted to the State of Washington, by rea- 
son whereof said State of Washington is unable to con- 
firm to the ^ona fide purchaser of said tract who has duly 
paid the consideration in such deed recited, or his legal 
representative or successor in interest, the said State of 
Washington shall refund to such purchaser or his suc- 
cessor in interest the full consideration by him paid, to- 
gether with lawful interest from the date of such purchase. 

Sec. 5. In such suits and actions instituted under the 
provisions of this act, the practice and procedure shall pract^^e 
conform to the practice in superior courts regulating civil applicable, 
actions, and an appeal or writ of error shall lie to the su- 
preme court of the State of Washington as in other civil 
actions. 

Sec. 6. In order to facilitate confirmation of title in the Emergency. 
cases herein recited, an emergency is hereby declared to 
exist, and this act shall take effect on and after its passage 
and approval. 

Received by the governor March 28, i8go. 

\Note by the Secretary of State.— The foregoing act having been 
presented to the governor of the state for his approval, and not 
having been filed in the office of the secretary of state within the 
time prescribed by the constitution of the state, with his objec- 
tions thereto, has become a law under the provisions of the con- 
stitution.] 



56 



LAND LAWS OP WASHINGTON 



GRANTING CERTAIN LANDS TO THE UNITED 

STATES. 

An Act granting- to the United States, for public purposes, the 
use of certain tide lands belonging to the State of Washington. 

Be it enacted by the Legislatiire of the State of Washington: 
Wanted to*^^ SECTION I. That the use of any tide lands belonging to 

United States, the State of Washington, and adjoining and bordering on 
any tract, piece or parcel of land held or reserved by the 
government of the United States for the purpose of erect- 
ing and maintaining thereon forts, magazines, arsenals, 
dock yards and other needful buildings, be and the same is 
hereby granted to the United States so long as the upland 
adjoining such tide lands shall continue to be held by the 
government of the United. States for any of the public 
purposes above mentioned : Provided, That this grant shall 
not extend to or include any lands covered by more than 
four fathoms of water at ordinary low tide: And provided 
ftirther, That whenever the government of the United 
States shall cease to hold for public purposes any such 
tract, piece or parcel of lands, the use of the tide lands 
bordering thereon shall revert to the State of Washington. 
Approved March 20, i8go. 



Grant, what 
to include. 



Beversion to 
state. 



CEDING JURISDICTION TO UNITED STATES. 

(Chap. XVII, p. 31, Session Laws '91.) 

An Act to cede the jurisdiction of the State of Washington to 
the United States of America over land needed for the im- 
provement of rivers and harbors, and for the purchase and 
condemnation thereof. 

Be it enacted by the Legislature of the State of Washington: 
Co°seiitof Section i. That the consent of the State of Washington 

onands°b ^^ ^^^ *^^ same is hereby given to the acquisition by pur- 
united States, chase or by condemnation, under the laws of this state re- 
lating to the appropriation of private property to public 
uses, by the United States of America, or under the au- 
thority of the same, of any tract, piece or parcel of land, 
from any individual or individuals, bodies politic or cor- 



LAND LAWS OF WASHINGTON. 57 

porate, within the boundaries or limits of this state, for 
the sites of locks, dams, piers, breakwaters, keeper's 
dwellings, and other necessary structures and purposes re- 
quired in the improvement of the rivers and harbors of 
this state or bordering thereon, or for the sites of forts, 
magazines, arsenals, docks, navy yards, naval stations, or 
other needful buildings authorized by any act of congress, 
and all deeds, conveyances of title papers for the same shall F*'^^^^^'^''^^^ 
be recorded, as in other cases, upon the land records of the 
county in which the lands so acquired may lie ; and in like 
manner may be recorded a sufficient description by metes 
and bounds, courses and distances, of any tract or tracts, 
legal divisions or subdivisions of any public land belonging 
to the United States which may be set apart by the general 
government for any or either of the purposes before men- 
tioned by an order, patent or other official document or pa- 
pers describing such land ; the consent herein and hereby 
given being in accordance with the seventeenth clause of the 
eighth section of the first article of the constitution of the 
United States, and with the acts of congress in such cases 
made and provided, and the jurisdiction of this state is 
hereby ceded to the United States of America over all such 
land or lands as may have been or may be hereafter ac- 
quired by purchase or by condemnation, or set apart by 
the general government for any or either of the purposes 
before mentioned: Provided, That this state shall retain a state to retain 

concurrent 

concurrent jurisdiction with the United States in and over jurisdiction. 
all tracts so acquired or set apart, as aforesaid, so far as 
that all civil and criminal process that may issue under the 
authority of this state against any person or persons 
charged with crimes committed, or for any cause of action 
or suit accruing without the bounds of any such tract, may 
be executed therein in the same manner and with like ef- 
fect as though this assent and cession had not been granted. 
Sec. 2. The tracts, pieces or parcels of land so acquired 
or set apart, together with the tenements and appurte- Exempt from 

^ ' ° . ^^ taxation. 

nances, for the purposes before mentioned, shall be held 
exempt from taxation by the State of Washington. 
Approved February 24, i8gi. 



58 



LAND LAWS OF WASHINGTON. 



Authority to 
relinquish 
rejected se- 
lections. 



Emergency. 



STATE'S RELINQUISHMENT OF REJECTED 
LAND GRANTS. ' 

(Chap. LXIII, Session Laws '99.) 

An Act empowering the board of state land commissioners to re- 
linquish to the United States selected lands to which the title 
of the state has failed or shall fail, and declaring an emergency. 

Be it enacted by the Legislature of the State of Washington: 

Section i. The board of state land commissioners shall 
have authority and power to relinquish to the United 
States all lands heretofore selected by the Territory 
of Washington or any officer, board or agent thereof, or 
by the State of Washington or any officer, board or agent 
thereof, or which may be hereafter selected by the State 
of Washington or any officer, board or agent thereof 
in pursuance of any grant of public lands made by 
the United States or the congress thereof to the territory 
or state for any purpose or upon any trust whatever, the 
selection of which has failed or been rejected or shall fail 
or shall be rejected for any reason. 

Sec. 2. An emergency exists, and this act shall take ef- 
fect immediately. 

Approved March 13, i' 



Artittcial 
oyster feeds 
may be pur- 
chased, when. 



SALE OF CULTIVATED OYSTER BEDS. 

(Chap. XXV, p. 39, Session Laws '95.) 

An Act relating to the purchase and sale of oyster lands and de- 
claring an emergency. 

Be it enacted by the Legislature of the State of Washington: 

Section i. That all persons having the qualifications 
provided by law to enable them to purchase tide lands 
within the State of Washington, and who, prior to March 
26, 1890, in good faith entered upon tide lands not in front 
of any incorporated city or town, nor within two miles 
thereof on either side, and planted and cultivated thereon 
artificial oyster beds, and who continued to occupy and 
work on the same continuously and in good faith to March 



LAND LAWS OF WASHINGTON. 59 

26, i8go, and ever since said date, and who are now in 
possession of and working said oyster beds in good faith, 
shall be permitted to purchase the same for the purpose of 
cultivating oysters thereon and for no other purpose, 
whether said tracts were originally covered by alleged nat- 
ural oyster beds or not; and where, notwithstanding such Oyster bed 

-' ' ' ° reserves may 

prior occupancy and cultivation, any such tract or tracts ^^ sold, when, 
so occupied prior to March 26, i8go, shall since such date 
have been reserved from sale or lease as natural oyster 
beds, the person or persons, or their assigns, who planted, 
occupied and cultivated such artificial beds may, by com- 
plying with the provisions of law touching the sale of arti- 
ficial oyster beds and paying the value thereof fixed by the 
State of Washington, be and they are hereby entitled to 
receive a deed, subject to all the provisions of this act, to 
such tract or tracts not exceeding in area of forty acres to Limit of acre- 

o -' age that may 

any one person, as they so in good faith improved as such ^® purchased. 
artificial oyster beds prior to March 26, i8go. 

Sec. 2. It shall be expressly provided in the deed of Limitations 
coveyance of any such oyster bed and the tide land covered conveyance, 
thereby, that said land at the time of conveyance is not in 
front of any incorporated city or town, nor within two 
miles thereof on either side, and that the said land is not 
now used for purposes of trade or commerce; that if at any 
time after the grant of said deed the land described therein Land to revert 

° . to state, when. 

shall cease to be used for the purposes of an artificial oys- 
ter bed it shall thereupon revert to and become the prop- 
erty of the State of Washington, and that the same is 
conveyed to the grantee only for the purposes of cultivat- 
ing oysters thereon, and the State of Washington hereby ^o|g|™^Q*of^^ 
reserves the right to enter upon and take the possession of 1^'^'^ ^^jP^^/' 
said tract or tracts if, at any time, the same is used for any pavements. 
other purpose than the cultivation of oysters; and the 
State of Washington reserves the further right to enter 
upon and take possession of any tide lands sold under the 
provisions of this act, at any time when it desires, upon 
paying to the then owner or occupant the original pur- 
chase price of the land, together with the value of the im- 
provements erected thereon and the then value of his 
artificial oyster beds and improvements erected thereon in 
connection with the carrying on of the raising and propa- 
gation of oysters by artificial cultivation. 

Sec. 3. And there being great doubt and uncertainty in Emergency. 



60 LAND LAWS OF WASHINGTON 

the question of obtaining title to oyster beds on tide lands, 
an emergency is hereby declared to exist, and this act shall 
, take effect and be in force from and after its approval by 

the governor. 

Approved March 4, 1895. 



SALE OF TIDE LANDS FOR OYSTER PLANTING 
PURPOSES. 

(Chap. XXIV, p. 36, Session Laws '95.) 

An Act providing' for the sale and purchase of tide lands of the 
third class, and manner of conveying- the same, for the purposes 
of oyster planting, to encourage and facilitate said industry, 
and declaring an emergency. 

Be it enacted by the Legislature of the State of Washington : 

o''ste?^ands* SECTION I. It shall be lawful for any person who is en- 
may purchase, titled to purchase tide lands pursuant to the act of March 

how. ^ ^ 

26, 1890, as being an occupant of land planted with oysters, 
to survey or cause to be surveyed at his own expense the 
land that, pursuant to said act, he is entitled to purchase, 
not exceeding one hundred acres in area : Provided, That 
that 'iinds are ^^^ party making application to purchase under the pro- 
to be used for visions of this act shall accompany such application with a 

oyster culture. f j r f 

certificate, under oath, to the effect that lands purchased 
under the provisions of this act shall be used for oyster 
planting purposes only. 
^u^CT^^^db Sec. 2. The survey and description in duplicate of such 
state board. tract shall be subject to the direction, oversight and ap- 
proval of the board of state land commissioners, and one 
description of said tract as surveyed shall be filed with and 
to°recorTn^t°s ^^ recorded by the county auditor of the county in which 
of survey. said tide lands are situated, in a book kept by him for such 
special purpose, and a duplicate description in the office of 
the commissioner of public lands, 
mad^e*^"^' ^°^ '^'E.c. 3. The survey of such lands, as provided in the 

foregoing sections of this act, may not be required to fol- 
low the lines of United States government surveys, but 
may follow the direction of the oyster beds actually occu- 
pied by the party proposing to purchase the same. The 
Terms of sale, persons entitled to purchase such oyster beds under the 
provisions of this act may purchase the same at the rate of 



LAND LAWS OF WASHINGTON. 61 

one dollar and twenty-five cents per acre, one-fourth of Purchase 
which price shall be paid at time of making such purchase, 
and the remaining three-fourths in three equal annual 
payments, each of which sums shall draw interest at the 
rate of eight per cent, per annum, the unpaid portion re- 
maining as a lien upon said land until all payments shall 
be made in full, and the purchaser shall thereupon be 
entitled to a deed to the same ; said deed shall be executed Rfg®'^tg(fS 
by the governor, attested by the secretary of state with the governor. 
seal of the state thereto attached, which deed shall contain 
the conditions of defeasance in this act provided. 

Sec. 4. Any person having the right to purchase such ^"°^^ij^y "* 
tide lands as provided by this act, and being an actual oc- purchase. 
cupant of the same, shall have the prior right to purchase 
for a period of six months from and after the passage of 
this act and its being signed and approved by the governor. 

Sec. 5. Upon the filing of a description of the survey of ^^pir^iiase 
such land, as provided for by the foregoing sections of this f^^^^o^. 
act, the person or persons having occupied or desiring to missioner. 
occupy such lands as described in section one of this act, 
may file with the commissioner of public lands an applica- 
tion to purchase said lands, together with a description of 
the land applied for, by metes and bounds, and upon the 
receipt of the same the commissioner of public lands shall, 
at the expense of the applicant, publish or cause to be 
published for three successive weeks in any newspaper of ^0^^^^^^°'^^'' 
general circulation printed and published in the county '^j^^J^®°^?|P" 
where such lands are situated a notice of such application purchase. 
to purchase, giving therein a description of lands applied 
for. During the next thirty days following the last publi- 
cation of said notice, any person claiming a prior right to ^°^V^f*°* 
purchase such tide lands may file with the commissioner *^^^^^°i^y^® 
of public lands a contest for the purpose of establishing 
a prior right to purchase, or, upon the petition of ten cit- 
izens, who shall be residents of the county wherein such 
lands are situated, a contest may be filed as hereinbefore 
provided, and such contest shall be upon the right of ap- 
plicant to purchase as provided in the foregoing sections 
of this act. If the party making contest shall fail to es- Contestant 
tablish a prior right to purchase, said party shall be liable ^^o^ts, when. 
for the costs resulting direct from such contest, except 
private attorney fees, and the sum of such costs shall be 
paid by such contestant into the state treasury department, 



62 



LAND LAWS OF WASHINGTON. 



Act applies 
to oyster 
lands only. 



Purchase of 
tide lands 
for oyster 
planting. 



No preference 
right affected. 



Deed may be 
acquired by 
citizens of 
state only. 



Proviso. 



Liimit of time 
in whicli to 
exercise prior 
right to 
purchase. 



Lands unfit 
for oyster 
planting may 
be abandoned, 
when and how, 



and, upon such payment being made, shall be entitled to a 
receipt for the same. 

Sec. 6. This act shall in no manner apply to the provis- 
ions of the act of March 26, 1890, providing for the ap- 
praisal and disposition of tide and shore lands in the State 
of Washington, except as far as it relates to lands actually 
used or to be used for the purpose of oyster planting. 

Sec. 7. Any person desiring to purchase tide lands for 
the purposes of oyster planting may purchase tide lands of 
the third class not included in any natural oyster beds or 
any reserve, pursuant to the provisions of this act, in sub- 
ordination to any preemption right confirmed [conferred] 
by said. act of March 26, i8go. Nothing in this act shall 
be construed so as to affect the preference rights of shore 
or upland owners, or improvers as conferred by the provis- 
ions of said act or other provisions of law. 

Sec. 8. No person shall be entitled, directly or indi- 
rectly, to the privileges of this act who is not an actual res- 
ident and citizen of the United States and of the State of 
Washington, and no person not a citizen of the State of 
Washington shall be competent to acquire deeds to any 
lands sold by the state under the provisions of this act : 
Provided, That any citizen of the United States, and not a 
citizen of the State of Washington, or any corporation or^ 
ganized under the laws of any other state other than the 
State of Washington, that has planted and cultivated and 
planted in oysters any tract or tracts or parcels of such 
lands for the period of five years next preceding January i, 
1895, shall have the exclusive rights to purchase such tract 
or tracts or parcels of land so planted and cultivated as 
aforesaid, but not exceeding 100 acres in the aggregate, 
such prior right to be within six months after the approval 
of this act, and failure to make application to purchase 
said lands within said six months by such person or cor- 
poration shall forfeit the right hereby granted to such per- 
sons or corporations to purchase any of such lands. 

Sec. 9. If from any cause any tract or tracts, parcel or 
parcels of land purchased under the provisions of this act, 
shall become unfit and valueless for the purposes of oyster 
planting, the party having so purchased and being in the 
possession of the same, may, upon certifying such fact 
under oath to the commissioner of public lands and to the 
auditor of the county wherein such lands are situated, and 



LAND LAWS OF WASHINGTON. 63 

also upon filing under oath a certificate of abandonment of 
such tract or tracts, parcel or parcels of land, in the office 
of each of said officials, such party shall then be entitled 
to again make purchase as hereinbefore provided, or if said 
land be used by the purchasers or any successors in inter- 
est of such purchaser in whole or in part for other than 
the purposes specified in this act, then, upon application 
of any citizen to the state land commissioner, such sale^^,^®°^\'i°<^® 

-' nicty DG £111- 

may be canceled and the said land shall revert to the state sml'^wheii 
and shall be subject to sale as herein provided, but not to 
such defaulting purchasers or such defaulting successors 
in interest. 

Sec. io. The provisions of this act shall not apply to anpiv'to^ilnds 
such lands as have aheady been surveyed, appraised and 3^^^°^°^^'*^ 
platted. 

Sec. II. Whereas, planters of oysters not being ade- Eimergency. 
quately protected in the possession of their property, and 
it, being the desire of certain oyster planters to engage in 
the planting of eastern oysters, and the season for order- 
ing a supply of eastern oysters for spring planting being 
already at hand, an emergency is declared, and this act 
shall be in full force and effect upon its passage and ap-. 
proval by the governor. 

Approved March 2, 1895. 



CREATING BOARD OF OYSTER LAND COMMIS- 
SIONERS. 

(Chap. CVII, p. 298, Session Laws '97.) 

An Act to secure to the public the continued use of natural ovs- 

ter beds. 

Be it enacted by the Legislature of the State of Washington: 

Section i. It shall be the duty of the governor to ap- Board of 

. . . . oyster land 

point, Upon petition of the county commissioners of any commis- 
county, a board to be known as the " Board of Oyster 
Land Commissioners." Said board shall consist of three How consti- 
persons, who shall be residents of the county in which 
they serve. They shall also have been engaged in the cul- 
tivation of oysters for at least five years, and shall be, dur- 
ing their terms of office, so engaged. If a member of the 



64 



LAND LAWS OF WASHINGTON. 



Terms of 
office. 



Oyster land 
applications. 



Findings. 



Hearings to 
determine 
whether 
natural beds 
or not. 



board shall at any time cease to fulfill the foregoing condi- 
tions of eligibility, the governor shall, on determination of 
the fact, declare the place vacant, and fill the same by ap- 
pointment. 

The official term of one member shall expire the first day 
of January succeeding his appointment; the official term 
of another shall expire the first day of the second January 
following his appointment; the official term of the third 
member shall expire the first day of the third January fol- 
lowing his appointment. Their successors shall be ap- 
pointed for terms of three years each. 

The board first appointed shall enter at once on its du- 
ties, and the governor, in appointing the members thereof, 
shall specify the length of time for which the several mem- 
bers are appointed. The board shall elect its own chair- 
man and other officers. 

Sec. 2. In case of application to purchase oyster lands, 
the state commissioner of public lands shall, at the time 
of publication of notice of application to purchase, require 
the county board of oyster land commissioners to immedi- 
ately inspect the land applied for, and report to the com- 
missioner of public lands their findings as to the following 
facts : 

First : Whether the land or any portion thereof is a nat- 
ural oyster bed. 

Second : Whether it be necessary, in order to secure ade- 
quate protection to any natural oyster bed, to retain in the 
public domain the land, the application for the purchase 
of which has been made, or any portion thereof. 

Third : Whether the land or any portion thereof, having 
been a natural oyster bed within ten years past, may rea- 
sonably be expected to again become such within ten years 
in the future. 

Sec. 3. In case one or more of the above three questions 
be answered affirmatively, the commissioner of public lands 
shall investigate the matter at a public hearing in the 
county where the lands in question are situated. The com- 
missioner of public lands shall publish notice of such hear- 
ing in some paper of general circulation in the county, at 
the expense of the applicant, not less than one week nor 
more than four weeks before the date of hearing. Unless 
at such hearing it be conclusively shown to the commis- 
sioner of public lands that in the matters at issue the 



LAND LAWS OF WASHINGTON. 65 

county oyster land commissioners were in error, they [he] 

shall refuse to sell such lands or such portions thereof as 

may be determined by the foregoing restrictions. Appli- Limitatiou 

cations for the purchase of lands thus withheld from sale 

may not be made again within six years, except that the 

person last making application may repeat the application 

during the three months next preceding the expiration of 

the six years. 

Sec. 4. For performing the duties prescribed in section ??° eompensa- 
two of this act the members of the board of oyster land mileage. 
commissioners shall receive no compensation except ■ a 
mileage of ten cents per mile each way to and from be- 
tween their residences and the lands inspected, said mile- 
age to be paid by the intending purchaser. 

Sec. 5. All applications for the purchase of oyster lands ?®'^'^^L'>[^°P' 
shall, in addition to the surveyor's description by metes 
and bounds, make description in such terms of local geog- 
raphy as shall suffice to convey a knowledge of its location 
with reasonable accuracy to persons acquainted in the vi- 
cinity. 

Sec. 6. It shall be the duty of the commissioner of pub- o/'natura?^'^^ 
lie lands, upon the advice of the county oyster land com- ^®*^®- 
mission, and in his discretion, to cause to be surveyed and 
platted any natural beds of oysters, together with such ad- 
jacent lands as may be necessary to the protection and 
continuance of said natural oyster beds. One copy of the 
plat shall be filed with the records of the commissioner of 
public lands and one in the office of the auditor of the 
county in which the lands are situated. 

Sec. 7. On completion of the survey provided for in the "^"^^turai"" 
last foregoing section, the commissioner of public lands *'y'*^®^'^^'^^^- 
shall declare such lands to constitute a natural oyster bed 
reserve, and to be thereby perpetually reserved from sale, 
lease or any conveyance by the state to any other party. 

Sec. 8. The term "natural oyster bed" shall, in the How deiined. 
foregoing parts of this act, be construed as meaning a nat- 
ural bed upon which are natural oysters in sufficient quan- 
tities to be of practical value as a source of oyster supply. 
Neither in the foregoing parts of this act nor elsewhere 
shall it be material to the definition of the term "natural 
bed of oysters " that the bed must have been planted orig- 
inally by the unaided processes of nature, but it shall be 
equally considered a natural bed if originally seeded with 
—5 



66 



LAND LAWS OF WASHINGTON 



Requirements 
of application. 



Appropria- 
tion. 



Board's power 
to arrest and 
prosecute. 



And to issue 
licenses. 



Penalty. 



Ijicensee's fee. 



oysters or shells by human industry while the land was in 
the public domain and not used for private purposes, or 
having been used for private puposes, was later aban- 
doned. 

Sec. 9. The creation of any '^ natural oyster bed re- 
serve" shall not be construed to declare that lands in the 
vicinity, but not included in the reserve, are not natural 
oyster beds, and persons purchasing oyster lands or tide 
lands shall be required, as in other cases, to show that the 
lands which are applied for do not contain any natural 
oyster bed or otherwise violate the conditions of sale by 
the state. No part of this act shall be construed to remove 
any heretofore existing restrictions of the sale of oyster 
lands or tide lands. 

Laws restricting and regulating the taking of oysters 
from natural beds shall apply equally to beds within and 
without the natural oyster bed reserves. 

Sec. 10. The sum of one thousand dollars, or so much 
thereof as may be needed, is hereby appropriated, out of 
any funds of the state not otherwise appropriated, for 
carrying into effect section 6 of this act. 

Sec. II. It shall be the duty of the board of oyster land 
commissioners to discover and prosecute any violation of 
the laws of the state protecting and regulating the oyster 
industry, and they are hereby constituted police officers of 
the state with full power to make arrest for any such viola- 
tion. 

Sec. 12. The board shall issue, to persons not otherwise 
prohibited by the laws of the state, license to take oysters 
from the natural beds. It shall be unlawful for any person 
not in possession of such license to gather or remove oysters 
from the natural beds, either for himself or on account of 
another, in the county over which the board has jurisdic- 
tion ; and upon conviction therefor he shall be fined in any 
sum not less than twenty nor more than one hundred dol- 
lars. 

Sec. 13. The board shall require of each applicant for 
license, as provided in the last foregoing section, a fee of 
two dollars, which shall be full compensation for their ser- 
vices in all respects except in mileage when examining lands 
as hereinbefore provided. Each applicant shall take oath 
to observe all the laws of the state protecting and regulat- 
ing the oyster industry, and the members of the board are 



LAND LAWS OF WASHINGTON. 67 

hereby authorized to administer such oath. No license 
shall be required of minors under eighteen when working 
with their parents. All licenses shall expire the fifteenth 
day of February of each year. 

Sec. 14. In addition to the license fee the board may, in starfish, etc 

^ _ -' ' now removed. 

their discretion, require of all licensees an equal amount of 
labor, not to exceed three days each, to be applied, under 
the direction of the board, to the removal of starfish and 
other pests from the natural beds or otherwise increasing 
the productiveness of the beds. This work shall not be 
required to be done during the season when it is lawful to 
take oysters from the natural beds, except at the pleasure 
of the licensee. The board may revoke the license of any Power of 

-' _ ■' revocation, 

licensee failing to perform the required work within thirty 

days of the time of his notification, and may withhold fu- 
ture license till the work is done. 

Sec. IS- When it shall appear that any natural oyster Reservation of 

•^ ^ ^ -' J smaller beds 

bed has become so depleted as to greatly impair its utility on exhaustion 
as a source of supply, or that any other natural oyster 
ground, which is a source of small supply, may, through a 
period of disuse, become a source of large supply, the fish 
•commissioner may reserve it from public use for a term of How reserved, 
years, not to exceed four, by causing to be posted in a con- 
spicuous place at each of the three postoffices nearest said 
lands, a plainly printed notice of such act of reservation, 
such notice stating the time during which and the limits 
within which such reservation is in force. The description 
of the limits of such reservation need not be surveyed by 
metes and bounds, but may be by such local terms of de- 
scription as shall be sufficient to secure general knowledge 
of the same by persons acquainted in the locality. In 
addition to the posted notice of reservation, the fish com- 
missioner shall, when practicable, publish the same in a 
newspaper published in the county. 

Sec. 16. The county oyster land commissioners shall Board to act 

. with fish com- 

constitute an advisory board to the fish commissioner in missioner, and 

. vice rersa. 

the exercise of the powers granted m the last preceding 
section. Also, the fish commissioner may delegate such 
powers to the board within prescribed times and limits, in 
which case and within which limits the board shall have full 
exeutive powers for making such reservations. Such pow- 
ers shall vest de facto in the board in case of a vacancy in 
the office of fish commissioner for more than thirty days. 



68 



LAND LAWS OF WASHINGTON. 



Replenishing 
natural beds. 



Meetings, 
when held. 



Records. 



Removal. 



Board may 

designate 
poTer to sell. 



Natural 
oysters, how 
lawfully 
gathered. 



Penally for 
violation. 



and until such vacancy be filled, but in such case, reser- 
vation may not be made to be in force longer than one 
year contrary to the discretion of the succeeding fish com- 
missioner. In the event of the abolishing of the office of 
fish commissioner, such powers shall vest in the persons 
provided by law to succeed to his powers ; and if no such 
provision be made, such power shall vest wholly in the 
county board. 

Sec. 17. The county board may direct the manner and 
place of returning young oysters to the natural beds, as 
heretofore provided in the laws of the state. Such direction 
shall, in all cases, within reasonable bounds, be observed 
and for non-observance thereof, the same penalties shall 
attach as for not returning the oysters to natural beds or 
planting on private beds. 

Sec. 18. The county board shall hold meetings the first 
Tuesdays in October and February, and at such other 
times as the chairman may direct. He shall notify other 
members of the board of special meetings. 

Sec. 19. The county board shall keep a plain record of 
all their transactions, which shall be subject to public in- 
spection at all reasonable times. 

Sec. 20. For neglect of duty or abuse of trust and au- 
thority, the governor may remove any member of the 
county board. 

Sec. 21. The restrictions which the county board is by 
this act empowered to place on the sale of oyster lands 
shall obtain whether the control and sale of such lands re- 
main with the state commissioner of public lands, or shall 
be elsewhere vested. 

Sec. 22. It shall at all times be unlawful to gather with 
any tool or implement or in any way whatever, any oysters 
from any natural oyster bed, except the person so gather- 
ing shall be on and working from a boat or water craft of 
some kind, said water craft being afloat during the time he 
is gathering. Any person violating any provision of this 
section shall, on conviction thereof, be fined in any sum 
not less than one hundred dollars or more than four hun- 
dred dollars and, at the discretion of the court, be impris- 
oned in the county jail not less than two months nor more 
than six months; one half of the aforesaid fine to be paid 
by the state to the informer. 

Approved March. 17, 1897. 



LAND LAWS OF WASHINGTON. 69 



DEFINING CLOSED OYSTER SEASON. 

(Chap. CXXXIV, Session Laws '99.) 

An Act amending' section 1 of an act entitled "An act relating to 
beds of na.tural oysters and declaring- an emergency," approved 
March 7, 1895, being section 3375 of Ballinger's Annotated 
Codes and Statutes of Washington. 

Be it enacted by the Legislature of the State of Washingto7i: 

Section i. That section i of an act entitled "An act re- 
lating to beds of natural oysters and declaring an emer- 
gency," approved March 7, 1895, being section 3375 of 
Ballinger's Annotated Codes and Statutes of Washington, 
be amended to read as follows: "Section i. It shall be 
unlawful to gather oysters or to remove them from any 
natural oyster bed or natural oyster bed reserve in any of 
the rivers, bays or waters of the State of Washington at 
any time from the fifteenth day of June to the- fifteenth 
day of March following and inclusive, of each year, except 
under the supervision of the fish commissioner of the State 
of Washington or of the United States, for purposes of 
propagation, experimental or other scientific purposes : 
Provided, That nothing in this section shall be construed to 
interfere with the provisions of section 3362 of Ballinger's 
Annotated Codes and Statutes of Washington, being sec- 
tion 1 198 of the Code of 1881. 
Approved March 13, i8gg. 



PROPAGATION OF EASTERN OYSTERS. 

(Chap. CXXXVI, Session Laws '99.) 

An Act to encourage and protect the culture of deep water oys- 
ters in the State of Washington, and declaring an emergency. 

Be it enacted by the Legislature of the State of Washington: 

Section i. All- lands in the waters of the State of Wash- Leasing tide 

lands. 

ington lying below extreme low tide, not covered by natu- 
ral oyster beds, and not in front of any incorporated city 
or town nor within two miles on either side thereof shall 
be subject to lease, for the purpose of planting and culti- 



70 



LAND LAWS OF WASHINGTON 



Prior right to 
lease. 



Applications, 
how made. 



Findings. 



Terms of 
lease. 



Hearing and 
determination. 



vating thereon artificial oyster beds, under the provisions 
of this act. 

Sec. 2. All persons who, prior to the passage of this act, 
in good faith entered upon lands not in front of any incor- 
porated city or town, nor within two miles thereof on either 
side, and planted and cultivated thereon artificial oyster 
beds, and who continue to occupy and work the same, and 
who are now in possession of and working said oyster beds 
in good faith, shall have the prior right to lease for a pe- 
riod of six months from and after the passage of this act. 

Sec. 3. Applications for the lease of land for the cultiva- 
tion of deep sea oysters under the provisions of this act 
shall be made to the commissioner of public lands and 
shall be accompanied by a map or plat of the lands so to 
be leased. The commissioner of public lands shall upon 
receipt of such application direct the fish commissioner to 
immediately inspect the lands applied for and report to the 
commissioner of public lands his findings as to the follow- 
ing facts : 

Fi7-st : Whether the land or any portion thereof is a nat- 
ural oyster bed.. 

Second : Whether it be necessary in order to secure ade- 
quate protection to any natural oyster bed to retain to the 
public domain the land the application for the lease of 
which has been made or any part thereof. 

TMrd : Whether the land or any portion thereof having 
been a natural oyster bed within ten years past may rea- 
sonably be expected to again become such within ten years 
in the future. 

Sec. 4. In case all of the above three questions be an- 
swered negatively, the commissioner of public lands shall 
immediately issue to the applicant therefor a lease for the 
term of twenty (20) years of the lands so applied for at 
an annual rental of twenty-five cents per acre. Should the 
fish commissioner answer one or more of the above three 
questions affirmatively, the commissioner of public lands 
shall investigate the matter at a public hearing in the 
county where the lands in question are situated. Due no- 
tice of such hearing shall be given by the said land com- 
missioner by publishing a notice to that effect in some 
paper of general circulation in the county, at the expense 
of the applicant, not less than one week and not more than 
four weeks from the date of hearing. Unless at such hear- 



LAND LAWS OF WASHINGTON. 71 

ing it be conclusively shown to the commissioner of public 
lands that in the matters at issue the fish commissioner 
was in error, he shall refuse to lease such lands or such 
portion thereof as may be determined by the foregoing re- 
strictions. AppHcation for the lease of lands thus with- 
held may not be made again within six years, except that 
the person last making application may repeat the appli- 
cation during the three months next preceding the expira- 
tion of the six years. . . 

Sec. 5. All applications for the lease of oyster lands ^o|P^S^|; 
under this act shall, in addition to the surveyor's descrip- 
tion by metes and bounds, make description in such local 
geography as shall suffice to convey a knowledge of its lo- 
cation with reasonable accuracy to persons acquainted 

with the vicinity. Limitation ofl 

Sec. 6. All applications for lease of oyster lands under J™^ 
the provisions of this act shall be for an area not to exceed 
forty acres to any one person, and such application shall 
be accompanied by an affidavit under oath, that the party 
making such application leases said lands for the purpose 
of oyster culture only. state's re- 

Sec. 7. It shall be expressly provided m the leaseToi any yersionary 
such oyster land that if at any time after the granting of '''^^'^^^■ 
said lease the lands described therein shall cease to be used 
for the purposes of an artificial oyster bed, it shall thereup- 
on revert to, and become the property of the State of Wash- 
ington, and that the same is leased to the lessee only for 
the purposes of cultivating oysters thereon, and the State 
of Washington hereby reserves the right to enter upon and 
take possession of said tract or tracts if at any time the 
same is used for any other purpose than the cultivation of 

oysters. 

' Sec. 8. This act shall in no manner apply to the provis- 
ions of any act heretofore enacted by the legislature of the 
State of Washington providing for the sale of tide and 
shore lands for the purpose of oyster planting and the 
manner of taking oysters from said tide land beds. 

Sec 9. Survey and description of all tracts applied for f/li^^^^^Xe' 
shall be in duplicate, one of which shall be filed with and 
be recorded by the county auditor of the county in which 
said lands are situated in a book kept by him for such 
special purpose, and a duplicate description in the office of 
the commissioner of public lands. 



72 



Abandon- 
ment. 



As to dredg- 
ing. 



LAND LAWS OF WASHINGTON. 

Sec. io. If from any cause any tract or tracts, parcel or 
parcels of land leased under the provisions of this act 
shall become unfit and valueless for the purpose of oyster 
culture, the party having so leased or being in possession 
of the same, may upon certifying such fact under oath to 
the commissioner of public lands and to the auditor of the 
county wherein such lands are situated, also upon filing 
under oath a certificate of abandonment of such tract or 
tracts, parcel or parcels of land, in the office of each of 
said officials, such party shall then be entitled to lease 
other lands as hereinbefore provided. 

Sec. II. The fish commissioner of Washington may and 
he is hereby authorized to dredge or permit others to 
dredge in all the v^aters of the state of Washington for the 
purpose of discovering whether any particular waters, not 
already reserved, leased or appropriated under existing 
laws, or the provisions of this act, contain oysters in a 
natural state, and regulate the taking thereof, under such 
rules as the fish commissioner may prescribe. 

Sec. 12. An emergency is hereby declared to exist and 
this act shall take effect from and after its passage. 

Approved March 13, 1899. 



Public build- 
ings at state 
capital 
grant.; 



PROVIDING FOR.SALE OF GRANTED LANDS FOR 

THE PURPOSE OF ERECTING BUILDINGS 

AT THE STATE CAPITAL. 

(Chap. LXXXIII, p. 186 Session Laws '93.) 

An Act to provide for the sale of lands granted to the State of 
Washington for the purpose of erecting public buildings at the 
state capital and for the preservation of said lands and the pro- 
ceeds thereof. 

Be it enacted by the Legislature of the State of Washington: 

Section i. All funds arising from the sale of lands 
granted to the State of Washington for the purpose of 
erecting public buildings at the state capital shall be held 
intact for the purpose for which they were granted. Lands 
when selected and assigned to said grant shall not be 
transferred to any other grant, nor shall the moneys de- 
rived from said lands be applied to any other purpose than 
for the erection of buildings at the state capital. 



LAND LAWS OF WASHINGTON. 73 

Sec. 2. It shall be the duty of the state land commission Sale and 

-' disposition of 

to provide for the sale and disposition of said lands and to ^'^^^ lands, 
make all such reasonable and necessary rules therefor as 
shall enable such sale and disposition to be made most ad- 
vantageously for the purpose of said grant, subject to such 
regulations as may be provided by law. 

Sec. 3. The state land commission may from time to ^g^J^o^"*' 
time, as they may deem best, direct the sale of said lands 
at public auction at the court house at the county seat of 
the county in which the lands offered for sale lie. Not 
more than ten thousand acres shall be disposed of at any ?\f,!i*^°'^,l^^^ 
one sale, and each subdivision or lot consisting of one hun- 
dred and sixty acres, or approximate thereto, shall be sep- 
arately offered for sale. 

Sec. 4. Notice of every sale at public auction shall be ^ot^ce^'^^'^^ 
given by publication thereof in the official newspaper of 
the county where the land lies, once a week for five succes- 
sive weeks, the first publication not to be made more than 
forty-five days before the date of such sale ; said notice to 
describe the several tracts of land proposed to be sold and 
to state the appraised value thereof. Any such sale may 
be further advertised by a similar notice similarly pub- 
lished in some newspaper in Spokane, Tacoma, Seattle or 
Olympia, not the official newspaper of the county where 
the land so offered shall lie. Every sale at public auction 
shall be conducted by such officer of the county in which 
the land is situated as the state land commission shall ap- 
point for that purpose, who shall make return thereof ac- 
cording to the rules prescribed by said commission. 

Sec. 5. The terms of sale shall be as follows : The pur- Terms of sale. 
chase price shall be divided into ten equal parts or pay- 
ments. The first payment shall be made at the time of 
sale. The second payment shall be within three months 
of the first payment, and thereupon a certificate of pur- 
chase shall be issued by the state land commission. The 
remaining payments shall be due one, two, three, four, 
five, six, seven and eight years, respectively, from and 
after the date of the certificate, which certificate shall show 
the amount of the several payments and the date of the 
payments as made, and the date of the maturity of the 
payments to be made. All unpaid payments shall bear in- 
terest at the rate of six per cent, per annum payable annu- 
ally from the date of the certificate until paid. Any or 



74 



LAND LAWS OF WASHINGTON. 



Form of 
contract. 



Payment for 
lands. 



Sale void, 
when. 



Issuance of 
deed. 



Trespass. 



all pa5'ments may be made before maturity: Provided, All 
accrued interest on said payments to the time the same are 
made shall be paid. The contract or certificate of pur- 
chase herein provided for shall be in such form as the said 
land commission shall prescribe, and shall be executed in 
duplicate, one copy of which shall be retuirned to the 
purchaser, and one copy filed in the office of the commis- 
sioner of public lands. 

Sec. 6. The sale of every tract or parcel of land shall 
be to the highest bidder therefor, and the state land com- 
mission may at any sale reject all bids for any tract of land, 
and every sale at public auction shall be subject to the ap- 
proval of said commission : Provided, That no lands shall 
be sold for less than the appraised value thereof. 

Sec. 7. All payments on account of such sale shall be to 
the commissioner of public lands by draft payable to the 
state treasurer, and no certificate of purchase shall issue 
till two such payments have been made. And the commis- 
sioner of public lands shall keep a true record of the same 
and of all sales made under the provisions of this act. 

Sec. 8. On failure to make any of said payments at the 
time required, the sale shall be void and the moneys here- 
tofore paid to the state shall be forfeited to and belong to 
the state, and said lands shall again be subject to sale as 
hereinbefore provided : Provided, That for good cause 
shown the state land commission may extend to a certifi- 
cate holder the time for making a payment on his certifi- 
cate not to exceed one year. 

Sec. g. When full payment, including interest, shall 
have been made for any tract or parcel of land sold 
under the provisions of this act, the certificate therefor 
may be surrendered to the state land commissioner who 
shall thereupon certify said land for patent. Patents shall 
be signed by the governor, attested by the secretary of 
state, with the seal of the state attached, recorded in the 
office of the commissioner of public lands in a book kept 
for that purpose, and may be issued to the purchaser, to 
his heirs or the assignee of his certificate. 

Sec. 10. If any person shall cut down, destroy or injure 
any tree standing or growing upon any of the lands granted 
to the State of Washington, for erecting public buildings 
at the capital of said state before patent shall have 
been issued by the state therefor as herein provided, or 



LAND LAWS OF WASHINGTON. 75 

shall take or remove from any such lands any timber or 
wood, or shall dig, quarry, take or remove any mineral, 
earth or stone from such lands, such person, upon convic- 
tion thereof, shall be punished by imprisonment in the 
county jail not less than one month nor more than one year; Penalty. 
or b)'^ fine not less than fifty nor more than one thousand 
dollars, or both : Provided, That nothing in this act shall 
be so construed as to prevent any purchaser who shall pur- 
chase said land for purposes of a home from cutting such 
timber as may be necessary for domestic use, or to clear 
land for actual cultivation. 
Approved March 9, 1893. 

As to act creating State Capitol Commission, see : Discretionary power of 
board to reject all bids for building state capitol; Ooss vs. State Capitol Commis- 
sion, 11 W., 474. 

Commission is administrative only and has no delegated legislative functions: 
State vs. IfcGraw, 13 W., 311. 

Any member of capitol commission is subject to removal under § 107 of State 
Const. : State vs. Burke, 8 W., 412. 



SETTING ASIDE CERTAIN SCHOOL LANlbs FOR 
USE OF AMERICAN PATRIOTIC MEMORIAL 
COLLEGE. 

(Chap. LXII, p. 106, Session Laws '95.) 

An Act providing for the setting aside of certain school lands to 
the use and for the benefit of the American Patriotic Memorial 
College. 

Be it enacted by the Legislature of the State of Washington : 

Section i. That all the lands now owned by the State Saie of lands 

•^ inTwp. 38N., 

of Washington heretofore granted to said state, for educa- R. 2e.,w. m. 
tional purposes, in township No. 38 N., 2 E., W. M., in 
the county of Whatcom, State of Washington, shall be ap- 
praised and sold at auction, as required by law, and bid in 
by the governor of said state, or his order. That said lands in trust for 
shall be held in trust for the use and benefit of the Ameri- triotic memor- 
can Patriotic Memorial College, a corporation existing " 

under and by virtue of the laws of the State of Washing- 
ton, and that said lands shall not be available for the use 
and benefit of said college until the aforesaid incorporated 
association, composed of soldiers, sailors, marines and 



76 



LAND LAWS OF WASHINGTON. 



Conditional 
to deposit. 



those engaged in the hfe saving service, including the 
Union and Confederate soldiers of the late war of the 
rebellion from 1 86 1-5 and their descendants, have depos- 
ited in the treasury of the United States the sum of one 
million dollars, to be held in trust by the treasurer of the 
United States, subject to the rules and regulations as spe- 
cified in congressional senate bill No. 231 1, introduced by 
Senator Squire in the 53rd congress, second session, pro- 
viding for the establishment and maintenance of a college 
for the education of the daughters of all soldiers, sailors, 
marines and those engaged in the life saving service, in- 
cluding both the Union and Confederate soldiers of the 
civil war of the rebellion from 186 1-5, and the descend- 
ants of soldiers, sailors, marines and those engaged in the 
life saving service of all other wars in which the United 
States has been or may hereafter be engaged. 

Sec. 2. That the State of Washington shall hold said 
lands in trust for the use and benefit of said association 
for the term of five years from the date of sale, at which 
time the trustees of said Patriotic Memorial College shall 
pay to the state treasurer of said state the full amount of 
to deed^on^*^^*^ ^^^ purchase price for said lands, and shall be entitled to 
a good and sufficient deed therefor, and in default of the 
payment for said lands by said association, as above stated, 
this act shall become null and void. 

Approved March 13, 1895. 



Held in trust 
five years. 



payment. 



Empowering 
commissioner 
to lease. 



REGULATING THE LEASING OF STATE MIN- 
ERAL BEARING LANDS. 

An Act to regfulate the leasing of mineral lands belonging to the 
State of Washington, and declaring an emergency. 

Be it enacted by the Legislature of the State of Washington : 

Section i. The commissioner of public lands of the State 
of Washington is hereby authorized to execute leases and 
contracts for the mining of gold, silver, copper, lead, cin- 
nabar or other valuable minerals except coal, from any 
land now belonging to the state or from any lands to 
which the state may hereafter acquire title, subject to the 
conditions hereinafter provided. 



LAND LAWS OF WASHINGTON. 77 

Sec. 2. Any citizen of the United States finding precious Limitations, 
minerals upon any lands belonging to the State of Wash- 
ington may apply to the commissioner of public lands for 
a lease of any amount of land not to exceed the amount of 
land allowed by the United States mining laws for locat- 
ing and recording mining claims, and same dimensions. 

Sec. 3. The manner of locating a mineral claim upon r^^^o^^^^^^^ 
state land shall be similar to the state law regulating lo- ™^°i'^^ ^^^^• 
eating mineral claims on government land : Provided, That 
any citizens that have found minerals on state lands pre- 
vious to the passage of this act and have posted up notice 
setting forth the dimensions, according to the mining law 
of the United States and the State of Washington, shall 
have prior right to lease the same, and shall have ninety 
(go) days after the passage of this act to make application 
to the commissioner of public lands for a lease. 

Sec. 4. The lessee may cut and use the timber found ^^i^l^^''^ 
upon said premises for fuel and construction of buildings privileges. 
required in the operation of any mine or mines on the 
premises, also the timber necessary for drains, tramways 
and supports for such mine or mines, and for no other 
purpose. 

Sec. 5. Before any lease shall be granted the applicant License fee. 
shall pay to the state treasurer the sum of five dollars (^5). 
The holder of a mineral lease, secured as above, shall have tQ^(^e^|^op 
two years to develop said mine or mines : Provided, That 
no more than five tons of ore shall be removed therefrom 
for assaying or testing purposes until a contract, as here- 
inafter provided, shall have been executed. 

Sec. 6. At any time prior to the expiration of said lease, 
the leaseholder, or any assignee thereof, shall have the 
right to obtain from the said commissioner of public lands 
a contract which shall bind the State of Washington, as a 
party of the first part, and the person, persons or corpora- Form of lease, 
tion to whom said contract shall issue, as a party of the 
second part, in a mutual observance of the obligations and 
conditions as specified therein. [ The contract provided 
for in this act shall be as follows : "This indenture, made 

this day of , A. D. one thousand eight hundred 

and , by and between the State of Washington, party 

of the first part, and , party of the 

second part : Witnesseth, That the party of the first 
part, in consideration of the sum of ten dollars to it in 



78 LAND LAWS OF WASHINGTON. 

hand paid by the party of the second part, being the first 
annual payment as provided for in chapter CII, section 7, 
of the Session Laws of 1897, the receipt whereof is hereby 
acknowledged, and in further consideration of the cove- 
nants and conditions herein contained, to be kept and per- 
formed by the part of the second part, does hereby 

contract, lease and demise to the part of the second 

part, for a term of thirty years from and after the day 

of , one thousand eight hundred and , the follow- 
ing described land, situated in the county of , 

in the State of Washington, viz: 

., which premises are leased to the part 

of the second part for the purposes of exploring for, min- 
ing, taking out and removing therefrom the merchantable 
shipping ore containing copper, lead, silver, gold and other 
minerals, which is or which hereafter may be found on, in 
or under said land, together with the right to construct all 
buildings, make all excavations, openings, ditches, drains, 
railroads, wagon roads, smelters and other improvements 
upon said premises which are or may become necessary or 
suitable for the mining or removal of ore containing cop- 
per, lead, silver, gold or other minerals from said premises, 
with the right during the existence of this lease to cut and 
use the timber found upon said premises for fuel, and so 
far also as may be necessary for the construction of build- 
ings required in the operation of any mine or mines on the 
premises hereby leased, as also the timber necessary for 
drains, tramways and supports for such mine or mines : 

Provided, however, That the part of the second part 

shall have the right at any time to terminate this agree- 
ment in so far as it requires the part of the second part 

to mine ore on said lands, or to pay a royalty therefor, by 
giving written notice to the party of the first part, which 
shall be served by leaving the same with the commissioner 
of the public lands, who shall officially, in writing, ac- 
knowledge the receipt of said notice, and the foregoing 
lease shall terminate sixt}' days thereafter, and all 
arrearages and sums which may be due under the same up 
to the time of its termination, as set forth in said notice, 
shall be paid upon settlement and adjustment thereof. The 

party of the first part further agrees that the part of 

the second part shall have the right under this agreement 
to contract with others to work such mine or mines, or any 



LAND LAWS OF WASHINGTON. 79 

part thereof, or to sub-contract the same, and the use of 
the said land or any part thereof, for the purpose of min- 
ing for ore, with the same rights and privileges as are here- 
in granted to the said part of the second part."] Ap- 
proved March i8, i8qg. 

Sec. 7. The terms and conditions on which the same may Terms for 

' -^ leasing. 

be mined shall be agreed upon by the commissioner of pub- 
lic lands and the lessee : Pt-ovided, That the royalty or tax 
to be paid by the lessee shall be graduated. All claims or 
mines that do not yield a net income of more than $2,000 
shall pay a tax of ten dollars per year ; over $2,000 and 
not to exceed $10,000, shall pay fifty dollars; from $10,000 
to $100,000, five per cent; all above $100,000, ten per 
cent. Where the lessee commits fraud the penalty shall 
be the forfeit of the mine or mines, and all property per- 
taining thereto. 

Sec. 8. There being no law of this state governing the Emergency. 
subject, an emergency is declared to exist, and this law 
shall be in full force and effect on and after its approval 
by the governor. 

Approved March 17, 1897. 



RELATING TO APPEALS FROM BOARD OF 
STATE LAND COMMISSIONERS. 

fChap. LXXIII, Session Laws '99.] 

An Act liLaiting the time in which appeals from the board of state 
land commissioners to the superior court shall be prosecuted. 

Be it enacted by the Legislatut^e of the State of Washington : 

Section i. In all cases involving the prior privilege of Two years' 

. limitation. 

purchase of tide lands of the first class, wherein appeals 
have been or shall be taken from any decision of the board 
of state land commissioners to the superior court, and in 
which "^no trial has been or shall be had in said superior 
court for a period of time exceeding two years after the date 
•of the taking of such appeal, the preference privilege of 
purchase given to the abutting upland owners and to im- 
provers of such tide lands, shall be and the same is 
hereby declared to be withdrawn and canceled: Provided, 
however, That before any such withdrawal or cancellation 



80 



LAND LAWS OP WASHINGTON. 



Attorney 
general to 
dismiss. 



Re-appraisal 
and sale. 



shall take place or effect as to any tide lands involved in 
any such appeal now pending a notice of ninety days shall 
be given to all parties to the appeal by the attorney general 
on behalf of the state of the intention of the state to enforce 
such withdrawal and cancellation. 

Sec. 2. The attorney general of the state is authorized 
and directed to enter, on behalf of the state, motions of dis- 
missal in all such appeals now pending or hereafter to be 
prosecuted: Provided, however, That as to appeals hereafter 
taken thirty days notice shall be given by the attorney gen- 
eral to the parties to such appeal of the intention of the 
state to enforce such withdrawal and cancellation. 

Sec. 3. All lands so withdrawn shall be re-appraised and 
sold in the manner prescribed by law for the appraisement 
and sale of unapplied-for tide lands of the first class. 

Approved March 13, 1899. 



jv F^ F^ e: N^ r3 1 ^^ 



EMBRACING 



PORTIONS OF THE ENABLING ACT AND 8TATE 
CONSTITUTION, 



INEOEMATION AS TO LEASE OR PURCHASE, ETC., 
RULES OF PRACTICE BEFORE BOARD OF STATE 



LAND COMMISSIONERS, 

AND 

RULES GOVERNING HARBOR AREAS AND SURVEYS. 



PORTIONS OF ENABLING ACT RELATING TO 
PUBLIC LANDS. 



Sec. 4. * * * Second: That the people inhabitinsr said state dis- 

^ . claims owner- 

proposed states do agree and declare that they forever dis- sMptounap- 

^ ^ ° _ -' propriated 

claim all right and title to the unappropriated public lands lands. 
lying within the boundaries thereof, and to all lands lying 
within said limits owned or held by any Indian or Indian 
tribes ; and that until the title thereto shall have been 
extinguished by the United States, the same shall be and 
remain subject to the disposition of the United States, and 
said Indian lands shall remain under the absolute jurisdic- 
tion and control of the congress of the United States. 

Sec. 10. That upon the admission of each of said states franting^s^^c^s 
into the Union, sections numbered sixteen and thirty-six -^^ ^^"^ ^^• 
in every township of said proposed states, and where such 
section, or any parts thereof, have been sold or otherwise 
disposed of by or under the authority of any act of con- 
gress, other lands equivalent thereto, in legal subdivisions 
of not less than one-quarter section, and as contiguous as 
may be to the section in lieu of which the same is taken, 
are hereby granted to said states for the support of com- 
mon schools, such indemnit}^ lands to be selected within 
said states in such manner as the legislature may provide, 
with the approval of the secretary of the interior : Provided, 
That the sixteenth and thirty-sixth sections embraced in 
permanent reservations for national purposes shall not, 
at any time, be subject to the grants nor to the indemnity 
provisions of this act, nor shall an)^ lands embraced in 
Indian, military, or other reservations of any character 
be subject to the grants or to the indemnity provisions of 
this act, until the reservation shall have been extinguished 
and such lands be restored to, and become a part of, 
the public domain. 

Sec. II. That all lands herein granted for educational ci^^posai of 

. school lands; 

purposes shall be disposed of only at public sale, and at a niimmum 
price not less than ten dollars per acre, the proceeds to 
constitute a permanent school fund, the interest of which 



84 



APPENDIX. 



Lands donated 
for public 
buildings. 



University 
lands in 
Washington. 



only shall be expended in the support of said schools. 
But said lands may, under such regulation as the legis- 
latures shall prescribe, be leased for periods of not more 
than five years, in quantities not exceeding one section to 
any one person or company ; and such land shall not be 
subject to pre-emption, homestead entry, or any other en- 
try under the land laws of the United States, whether sur- 
veyed or unsurveyed, but shall be reserved for school 
purposes only. 

Sec. 12. That upon the admission of each of said states 
into the Union, in accordance with the provisions of this 
act, fifty sections of the unappropriated public lands within 
said states, to be selected and located in legal subdivisions, 
as provided in section ten of this act, shall be, and are 
hereby, granted to said states for the purpose of erecting 
public buildings at the capital of said states for legislative, 
executive and judicial purposes. 

Sec. 13. That five per centum of the proceeds of the sales 
of public lands lying within said states which shall be sold 
by the United States subsequent to the admission of said 
states into the Union, after deducting all the expenses 
incident to the same, shall be paid to the said states, to be 
used as a permanent fund, the interest of which only, shall 
be expended for the support of common schools within 
said states respectively. 

Sec. 14. * * * And such quantity of the lands author- 
ized by the fourth section of the act of July 17, 1854, ^o be. 
reserved for university purposes in the Territory of Wash- 
ington, as, together with the lands confirmed to the ven- 
dees of the territory by the act of March 14, 1864, will 
make the full quantity of seventy-two entire sections, are 
hereby granted in the like manner to the State of Washington 
for the purposes of a university in said state. None of the 
lands granted in this section shall be sold at less than ten 
dollars per acre ; but said lands may be leased in the same 
manner as provided in section eleven of this act. The 
schools, colleges and university provided for in this act 
shall forever remain under the exclusive control of the 
said states, respectively, and no part of the proceeds aris- 
ing from the sale or disposal of any lands herein granted 
for educational purposes shall be for the support of any 
sectarian or denominational school, college or university. 

Sec. 16. That ninety thousand acres of land, to be 



APPENDIX. 85 

selected and located as provided in section ten of this act, Agricultural 

^ ' college lands. 

are hereby granted to each of said states, except to the 
state of South Dakota, to which one hundred and twenty 
thousand acres are granted, for the use and support of ag- 
ricultural colleges in said states, as provided in the acts of 
congress making donations of lands for such purpose. 

Sec. 17. * * * To the State of Washington : For the ^J'statf'"'*''' 
establishment and maintenance of a scientific school, one 
hundred thousand acres ; for state normal schools, one 
hundred thousand acres; for public buildings at the state 
capital, in addition to the grant hereinbefore made for that 
purpose, one hundred thousand acres; for state, charitable, 
educational, penal and reformatory institutions, two hundred 
thousand acres. That the states provided for in this act 
shall not be entitled to any further or other grants of land 
for any purpose than as expressly provided in this act. 
And the lands granted by this section shall be held, appro- 
priated and disposed of exclusively for the purposes herein 
mentioned, in such manner as the legislatures of the res- 
pective states may severally provide. 

Sec. 18. That all mineral lands shall be exempted from appUcaioieto 
the grants made by this act. But if sections sixteen and "^^"^^^^^ ^'*'^*^*^- 
thirty-six or any subdivisions or portion of any smallest 
subdivision thereof in any township shall be found by the 
department of the interior to be mineral lands, said states 
are hereby authorized and empowered to select in legal j^^nds^'^^^^^ 
subdivisions an equal quantity of other unappropriated 
lands in said states in lieu thereof, for the use and benefit 
of the common schools of said states. 

Sec. ig. That all lands granted in quantity or as indem- ^n'^cf^'^^ow 
nity by this act shall be selected, under the direction of the selected, 
secretary of the interior, from the surveyed, unreserved 
and unappropriated public lands of the United States 
within the limits of the respective states entitled thereto. 
And there shall be deducted from the number of acres of 
land donated by this act for specific objects to said states 
the number of acres in each heretofore donated by con- • 
gress to said territories for similar objects. 



86 



APPENDIX. 



As to owner- 
of lands by 
aliens. 



STATE CONSTITUTION OR SUCH PORTIONS THEREOF AS 
RELATE TO LANDS. 

ARTICLE II. DISABILITY OF ALIENS. 

Sec. 33. The ownership of lands by aliens, other than 
those who in good faith have declared their intention to 
become citizens of the United States, is prohibited in this 
state, except where acquired by inheritance, under mort- 
gage or in good faith in the ordinary course of justice in 
the collection of debts; and all conveyances of lands here- 
after made to any alien directly, or in trust for such alien, 
shall be void : Provided, That the provisions of this section 
shall not apply to lands containing valuable deposits of 
minerals, metals, iron, coal or fire clay, and the necessary 
land for mills and machinery to be used in the development 
thereof and the manufacture of the products therefrom. 
Every corporation, the majority of the capital stock of 
which is owned by aliens, shall be considered an alien for 
the purposes of this prohibition. 



Compensation. SeC. 



ARTICLE III. COMMISSIONER OF PUBLIC LANDS. 

23. The commissioner of public lands shall per- 



L10.SS of, to be- 
come state 



Harbor line 
commission. 



form such duties and receive such compensation as the leg- 
islature may direct. 

ARTICLE IX. LIABILITY AS TO PERMANENT FUND. 

Sec. 5. All losses to the permanent common school or 
any other state educational fund which shall be occasioned 
by defalcation, mismanagement or fraud of the agents or 
officers controlling or managing the same, shall be audited 
by the proper authorities of the state. The amount so 
audited shall be a permanent funded debt against the state 
in favor of the particular fund sustaining such loss, upon 
which not less than six per cent, annual interest shall be 
paid. The amount of liabilty so created shall not be 
counted as a part of the indebtedness authorized and lim- 
ited elsewhere in this constitution. 

Compare Ala., XII, 5; Colo., IX, 3; Ida., IX, 3; Mont., XI, 3, 5; N. Dak., 
IX, 153, 154; N. C, IX, 4; S. Dak.. VIII, 2, 3; Wy., VII, 4. 

See infra Art. XVI, § 5, investment of permanent school fund. 

ARTICLE XV HARBORS AND TIDE WATERS. 

Section i. The legislature shall provide for the appoint- 
ment of a commission whose duty it shall be to locate 
and establish harbor lines in the navigable waters of all 



APPENDIX. 87 

harbors, estuaries, bays and inlets of this state, wherever 
such navigable waters lie within or in front of the cor- 
porate limits of any city or within one mile thereof upon 
either side. The state shall never give, sell or lease to any 
private person, corporation or association any rights what- 
ever in the waters beyond such harbor lines, nor shall any 
of the area lying between any harbor line and the line of 
ordinary high tide, and within not less than fifty feet nor 
more than 600 feet of such harbor line (as the commission- 
ers shall determine) be sold or granted by the state, nor 
its right, to control the same relinquished, but such area Jor^^hal-^ves^^^^ 
shall be forever reserved for landings, wharves, streets ^^^ landings. 
and other conveniences of navigation and commerce. 

Compare Cal., XV, 2. 

See infra Art. XVII, tide lands. 

"Tide lands" are "state lands" in a certain sense — that is, they belong to the 
state; but in all the nomenclature of our constitution and statutes the latter 
term does not include the former. Seattle & N. By. Co. v. State, 7 W., 150, 152. 

Tide lands belong to the state, with full power of disposition thereof, ' re- 
stricted only by constitutions, state and national. Eisenbach v. Hatfield, 2 'W., 
236. ■ 

Under this provision, the board of harbor line commissioners is authorized to 
establish harbor lines in front of towns, as well as cities, as the word cities here 
used includes towns. State v. Harbor Line Commissioners. 4 W., 6; and the act of 
March 31, '95 (L. '95, p. 406.) 

Authorizing the disestablishment of harbor lines in front of towns under per- 
tain conditions is unconstitutional, as being in conflict with this article, which 
contemplates that such lines, when once established, shall forever remain So. 
Wilson V. State Land Commissioners, 13 W., 65; see Stimson Mill Co. ». Harbor Line 
Commissioners, 4 W., 6. 

Under the provisions of this article, a riparian proprietor, within one mile of 
the corporate limits of any city, has no right to extend wharves in front of his 
land below high water mark, except by permission of the state. Eisenbach *'. 
Hatfield, supra. 

The riparian proprietor's rights to future accretions, not yet in existence, give 
him no vested right, as there can be no present vested right in that which may 
never exist. Id. 

The building by the state or its grantees of wharves upon shores of navigable 
waters is neither a taking nor a damaging of private property for public use. Id. 

The act of '54, authorizing bank owners to build wharves in front of th^ ir 
premises, was but a license which the constitution and subsequent laws have 
abrogated. Id. 

Sec. 2. The leerislature shall provide general laws for the Leasing of 

° ... sites for 

leasing of the risfht to build and maintain wharves, docks wharves 

° ° . . . : and docks. 

and other structures upon the areas mentioned in section i 
of this article, but no lease shall be made for any term 
longer than thirty years, or the legislature may provide by 
general laws for the building and maintaining upon such 
area, wharves, docks and other structures. 

Sec. 3. Municipal corporations shall have the right to 



88 



APPENDIX. 



Extension of 
streets over 
tide lands. 



Shall not be 
sold at less 
than market 
value. 



Lands for edu- 
cational pur- 
poses sold to 
highest bidder 
at public 
auction. 



extend their streets over intervening tide lands to and 
across the area reserved as herein provided. 

Compare Cal. XV, 1, 

The municipal corporations hereto are only those having power to lay out 
streets. State v. Harhor Line Commissioners, 4 W., 6, 10. 

It would seem that the right to extend streets must end with the low tide line, 
, for the easement or grant is only over "tide lands." State v. Forrest, 11 W., 227, 
232. 

The space between the harbor reserve and high tide line must be considered 
as "intervening tide lands" irrespective of location of low tide. State v. Forrest, 
11 W., 227. 231. 

To hold that this provision is self-executing might be very embarrassing 
when the matter of the disposal of the inner tide lands comes up (that matter 
being committed entirely to the legislature), since the state's officers can have 
no offlcial knowledge of streets as laid out by a city. Seattle & N. Ry. Co. v. State, 
7 W., 150, 156. 

Under the constitution and laws of the state, cities of the first class have, as 
against private parties, the absolute right to extend their streets over and across 
tide lands lying within their corporate limits, subject only to the superior right 
of navigation in the waters covering such lands. The rights of the city in this 
respect are paramount to any rights of private parties. Columbia etc. Ry. Co. v. 
Seattle, 6 W., 332; Seattle v. Columbia etc. By. Co., 6 W., 379. 

The fact that certain tide lands afford a passage way over which logs can be 
floated to a saw mill, and thus are convenient to the operation of the mill, gives 
no right of purchase, in view of the fact that, under this section, an adjoining 
municipal corporation has authority to extend its streets over such lands and 
cut them off from all connection with the mill. Olobe Mill Co. v. Bellingham Bay 
Imp. Co., 10 W., 458; cited in State v. Forrest, 11 W., 227, 233. 

ARTICLE XVL SCHOOL AND GRANTED LANDS. 

Section i. All the public lands granted to the state are 
held in trust for all the people, and none of such lands, nor 
any estate or interest therein, shall ever be disposed of un- 
less the full market value of the estate or interest disposed 
of, to be ascertained in such manner as may be provided 
by law, be paid or safely secured to the state; nor shall any 
lands which the state holds by grant from the United 
States (in any case in which the manner of disposal and 
minimum price are so prescribed) be disposed of except in 
the manner and for at least the price prescribed in the 
grant thereof, without the consent of the United States. 
[Compare Col. IX, lo; Ida. IX, 8; N. Dak. IX, 163, 164.] 

Sec. 2. None of the lands granted to the state for edu- 
cational purposes shall be sold otherwise than at public 
auction to the highest bidder ; and the value thereof, less the 
improvements, shall, before any sale, be appraised by a 
board of appraisers, to be provided by law. The terms of 
payment also to be prescribed by law, and no sale shall be 
valid unless the sum bid be equal to the appraised value of 
said land. In estimating the value of such lands for dis- 
posal, the value of the improvements thereon shall be ex- 
cluded : Provided, That the sale of all school and univer- 



APPENDIX. 89 

sity land heretofore made by the commissioners of any 
county or the university commissioners, when the pur- 
chase price has been paid in good faith, may be confirmed 
by the legislature. 

The provisions of the enabling act, that lands granted for the support of the 
public schools upon condition that such lands shall be sold only at public auc- 
tion for not less than ten dollars per acre, must be construed as modified by the 
state constitution, providing for the confirmation of sales of such lands thereto- 
fore made under the authority of territorial laws. Romaine v. State, 7 W., 215. 

Sec. 3. No more than one-fourth of the land granted to School lands, 

how sold. 

the state for educational purposes shall be sold prior to 
January i, 1895, and not more than one-half prior to Janu- 
ary I, 1905 : Provided, That nothing herein shall be so con- 
strued as to prevent the state from selling the timber or 
stone off of any of the state lands in such manner and on 
such terms as may be prescribed by law : And provided fur- 
ther, That no sale of timber lands shall be valid unless the 
full value of such lands is paid or secured to the state. 

Sfx. 4. No more than one hundred and sixty (160) acres subdivision of. 
of any granted lands of the state shall be offered for sale 
in one parcel, and all lands within the limits of any incor- 
porated city, or within two miles of the boundary of any 
incorporated city, where the valuation of such lands shall 
be found by appraisement to exceed one hundred dollars 
($100) per acre, shall, before the same be sold, be platted 
into lots aad blocks of not more than five acres in a block, 
and not more than one block shall be offered for sale in one 
parcel. 

Sec. 5. None of the permanent school fund shall ever be ^j f^^^®"' 
loaned to private persons or corporations, but it may be in- 
vested in national, state, county or municipal bonds. 

See Art. IX., § § 3 and 5, and references. 

Under the provisions of this section, the moneys in the permanent school 
fund may be invested in school district bonds, school districts being municipal 
corporations within the purview of the constitution. State v. Grimes, 1 W., 270: 
Board of Directors v. Peterson, 4 W., 147; Maxon v. School Dist.. 5 W., 142. 

ARTICLE XVII. TIDE LANDS. 

Section i. The State of Washington asserts its owner- ciaim of state, 
ship to the beds and shores of all navigable waters in the 
state up to and including the line of ordinary high tide, in 
waters where the tide ebbs and flows, and up to and includ- 
ing the line of ordinary high water within the banks of all 
navigable rivers and lakes : Provided, That this section 



90 



APPENDIX. 



shall not be construed so as to debar any person from as- 
serting his claim to vested rights in the courts of the state. 

See supra Art. XV, harbors and tide waters. 

The rights of the state in tide lands is subject to the paramount right of the 
United States to regulate commerce and navigation; consequently the United 
States, by its proper officers. Is the only party that can interfere in cases of state 
legislation being opposed to that of congress upon .the subject of navigation and 
harbor lines; and, until the contrary appears, all such legislation must be pre- 
sumed to be in the interest of commerce and navigation. Harbor Line Coviinis- 
sioners v. State, 2 W. 531. See also Shively v. Bowlby, 152 U. S. Rep. 1. 

The title to tide lands is in the state, with full power of disposal thereof, sub" 
ject only to the restrictions imposed by the constitution of the state and United 
States, and no individual can claim any easement in or impose any servitude 
upon them, without the consent of the legislature. Eisenbach v. HatUeld, 2 W., 
236; cited in State v. Forrest, 11 W., 227, 233. 

As the rule is a fixed one, that "high water mark" is the limit of government 
grants, the fact that a portion of the tide flats is uncovered at low tide, and, in 
consequence, not covered by navigable waters, will not render such tide flats 
subject to entry under what is known as the Valentine scrip act. Baer v. Moran 
Bros. Co., 2. W.. 608. 

Scrip cannot be filed on state lands. 153 U. S, 173; Baer v. Moran Bros., 153 
U. S., 287. 

A riparian owner of land, by reason of such ownership, can assert no valuable 
right below the line of ordinary high tide, as against the state. The provision 
of this section, that no person shall be debarred from asserting his claim to 
vested rights in the courts of this state, applies only to some special rights held 
by a riparian owner by way of improvements made under express or implied li- 
cense from the representative of the sovereign power, and not to a vested right 
incident to riparian ownership. Harbor Line Cotnniissioners v. State, 2 W., 530. 

Lands lying below the line of ordinary high water mark in fresh water lakes 
belong to the state. McCue v. Bellitigham Bay Co., 5 W., 156. 

Lands under navigable waters, as in lakes, belong to the state; riparian 
rights of city legislature cannot deprive state of such control in favor of private 
corporations, &c. Illinois Central v. People of Ills., 146 U. S., 387. 

As to alluvion or accretion and reliction, rule of division among riparian 
owners, see notes Kennedy v. Hunt, 7 U. S., 587, and St. Clair Co. v. Livingston, 90 
U. S. Rep. 46. 

"Navigable waters of the United States" are such as are navigable in fact, 
and which by themselves or their connection with other waters form a continu- 
ous channel for commerce with foreign countries or among the states. Miller v. 
Mayor of N, Y., 109 U. S., 385, 895. 

Ownership dis- Sec. 2. The State of Washington disclaims all title in 
claimed to , , • 1 1 • i i n i i i 

certain lands, and claim to all tide, swamp and overnowed lands patent- 
ed by the United States : Provided, The same is not im- 
peached for fraud. 

There was no occasion for mentioning swamp and overflowed lands in this 
section, since they were expressly withheld from the state by § 17 of the enabling 
act. Baer v. Moran Bros. Co., supra. 

This disclaimer of title by the state, while not confirmatory of titles so ac- 
quired, is substantially a grant to the patentees of the United States of the in- 
terest of the state in such lands. Scurry v. Jones, 4 W., 468; State v. Forrest, 11 
W., 227, 233. 

Under this section the state can assert no title to patented tide lands, al- 
though lying below ordinary high tide, unless impeached by fraud. Cogstvell v. 
Forrest, 14 W., 1; Scurry v. Jones, supra. 

ARTICLE XXIV. — -BOUNDARIES. 

Section i. The boundaries of the State of Washington 
shall be as follows : Beginning at a point in the Pacific 



APPENDIX. 91 

ocean one marine league due west of and opposite the 
middle of the mouth of the north ship channel of the Col- 
umbia river, thence running easterly to and up the middle 
channel of said river and where it is divided by islands up 
the middle of the widest channel thereof to where the for- 
ty-sixth parallel of north latitude crosses said river, near 
the mouth of the Walla Walla river; thence east on said 
forty-sixth parallel of latitude to the middle of the main 
channel of the Shoshone or Snake river ; thence follow 
down the middle of the main channel of Snake river to a 
point opposite the mouth of the Kooskooskia or Clear 
Water river; thence due north to the forty-ninth parallel of 
north latitude; thence west along said forty-ninth parallel 
of north latitude to the middle of the channel which sepa- 
rates Vancouver's island from the continent, that is to say 
to a point in longitude one hundred and twenty-three de- 
grees, nineteen minutes and fifteen seconds west ; thence 
following the boundary line between the United States and 
British possessions through the channel which separates 
Vancouver's island from the continent to the termination 
of the boundary line between the United States and Brit- 
ish possessions at a point in the Pacific ocean equidistant 
between Bonilla point, on Vancouver's island, and Tatoosh 
island lighthouse ; thence running in a southerly course 
and parallel with the coast line, keeping one marine league 
off shore, to place of beginning. 

ARTICLE XXV. FEDERAL JURISDICTION. 

Section i. The consent of the State of Washington is 
hereby given to the exercise by the congress of the United 
States of exclusive legislation in all cases whatsoever over 
such tract or parcels of land as are now held or reserved 
by the government of the United States for the purpose of 
erecting or maintaining thereon forts, magazines, arsenals, 
dock yards, light houses, and other needful buildings, in 
accordance with the provisions of the seventeenth para- 
graph of the eighth section of the first article of the con- 
stitution of the United States : Provided, That a sufficient 
description by metes and bounds, and an accurate plat or 
map of each such tract or parcel of land be filed in the 
proper office of record in the county in which the same is 
situated, together with copies of the orders, deeds, patents 
or other evidences in writing of the title of the United 
States : And provided, That all civil process issued from 



92 APPENDIX. 

the courts of this state, and such criminal process as may 
issue under the authority of this state, against any person 
charged with crime in cases arising outside of such reser- 
vations, may be served and executed thereon in the same 
mode and manner and by the same officers as if the con- 
sent herein given had not been made. 

ARTICLE XXVI.- — COMPACT WITH THE UNITED STATES. 

Rights to un- 'pj-^g following Ordinance shall be irrevocable without the 

appropriated ° 

public lands consent of the United States and the people of this state: 

disclaimed. ^ ^ 



* 



* 



Second: That the people inhabiting this state do agree 
and declare that they forever disclaim all right and title to 
the unappropriated public lands lying within the bounda- 
ries of this state, and to all lands lying within said limits 
owned or held by any Indian or Indian tribes; and that, 
until the title thereto shall have been extinguished by the 
United States, the same shall be and remain subject to the 
disposition of the United States, and said Indian lands 
shall remain under the absolute jurisdiction and control of 
the congress of the United States, and that the lands be- 
longing to citizens of the United States residing without 
the limits of this state shall never be taxed at a higher rate 
than the lands belonging to residents thereof, and that no 
taxes shall be imposed by the state on lands or property 
therein belonging to or which may be hereafter purchased 
by the United States or reserved for use: Provided, That 
nothing in this ordinance shall preclude the state from 
taxing, as other lands are taxed, any lands owned or held 
by any Indian who has severed his tribal relations, and has 
obtained from the United States or from any person a title 
thereto by patent or other grant, save and except such 
lands as have been or may be granted to any Indian or In- 
dians under any act of congress containing a provision ex- 
empting the lands thus granted from taxation, which ex- 
emption shall continue so long and to such an extent as 
such act of congress may prescribe. 



Taxation. — As to taxation of lands sold under contract to vendee, of his 
whole or contingent interest therein, see Wash. Iron Wks Go. v. King Co., 54 Pac, 
p. 1004. Also § 17. p. 15, hereof. 



APPENDIX, 93 



INFORMATION FOR THE PUBLIC. 



DEPARTMENT OF PUBLIC LANDS, 
STATE OF WASHINGTON. 



Commanications and Remittances, 

Give your county, with your postoffice address. 

In writing about contracts of sale or leases, or when making remit- 
tances, much time and correspondence will be saved by giving the 
numbers of such contracts or leases. 

Address all communications and remittances to Robert Bridges, 
commissioner of public lands, but make the latter payable to C. W. 
Young, state treasurer. 

Make all land descriptions as definite as possible, giving section, 
township and range, east or west, etc. 

Blanks. 

Blank applications for the purchase or lease of state lands, or for the 
appraisement and sale of timber or other valuable material thereon, 
may be had from the commissioner on request. Applications must 
be accompanied by a deposit as hereafter stated. 

Appraisements. 

All appraisements heretofore made under existing laws are void, and 
all lands or valuable material thereon, offered for sale must, on appli- 
cation to purchase, be re-appraised by the board of state land com- 
missioners. 

Assignments. 

All assignments of contracts for sale or lease of state lands should 
be made in duplicate and sent to the commissioner of public lands for 
his approval and entry on the records of his office, and no assignment 
will be approved by the state unless the account is in good standing. 

Recission of Contracts. 

Holders of contracts of sale from the state may make application to 
the commissioner of public lands to have such contracts canceled and 
submit bids for lease of said lands within ninety days from cancella- 
tion of contract: Provided, The holder of such contract is the owner of 
the improvements on the land hfeld under contract. 



94 APPENDIX. 

When contracts of sale become delinquent in payment of interest, 
the same will be canceled unless interest is paid within six months 
from date notice is served on the holder of such contract by the com- 
missioner of public lands. 

Sale and Purchase. 

Any person may make formal application for appraisement and sale 
of any state lands (but none of such lands will be offered or sold while 
held under lease except upon application of the lessee). A deposit of 
ten cents per acre will be required of each applicant, but in no case 
shall such deposit be less than ^lo, which deposit will be returned to 
the applicant if the lands be sold under such application, but will be 
forfeited to the state if the land is not sold when so offered. 

Where one-tenth of the purchase price has been paid on contract of 
sale with the state, payment of the balance of principal may be de- 
ferred until January i, 1905: Provided, That all interest is paid annu- 
ally on March i, until such date. 

All sales of school and granted lands must be made at public auc- 
tion after being duly advertised for at least thirty days, and the mini- 
mum price for any such lands is $\o per acre. Contract of sale will 
then be issued to the highest bidder, who shall pay one-tenth of the 
purchase price at date of sale and one-tenth annually thereafter on 
March i of each year, with interest at 6 per cent, per annum on all 
deferred payments. Full payment, however, may be made at any time 
and deed issued. 

Sale of Timber, etc. 

Timber or other valuable material on public lands maybe sold sepa- 
rate from the land at public auction to the highest bidder after being 
advertised for at least thirty days, at not less than the appraised value, 
which must be paid for in cash at date of sale. A deposit of ten cents 
per acre is required with each application. After appraisement has 
been made, it is posted thirty days with the county auditor, and, there 
being no protests, date of sale is set and advertised another thirty 
days. 

Leasing. 

Any person desiring to lease state lands should make formal appli- 
cation to the commissioner of public lands, and each applicant will be 
required to make a deposit of not less than ^10, which deposit will be 
applied on the first year's rental if the applicant becomes the lessee, 
and will be refunded provided the land is leased to another. 

Notice of leasing of state lands will then be posted in the county 
auditor's office and elsewhere in the county, as the commissioners may 
direct, where such lands are situated, for a period of thirty days prior 



APPENDIX. 95 

to the leasing of such lands, and will be offered for lease at public auc- 
tion to the highest and best bidder. 

Such leases with the state shall run for a period of five years or 
less, and shall become subject to cancellation and forfeiture within 
sixty days after notice of delinquency has been sent lessee. 

Improvements placed upon land held under lease from the state may 
be removed by said lessee at any time within three years from the 
expiration of such lease, or if the land be sold within the statutory 
three years, then the purchaser of the land from the state shall pay 
the full value of such improvements to the lessee : Provided, Said les- 
see has kept his lease in good standing and has not defaulted. 

Tide Lands, 

Tide lands of the first class are sold at public auction at not less 
than their appraised value. 

Applications for the purchase of second class tide or shore lands 
abutting on upland must be accompanied with a copy of the United 
States government field notes of the meander line of such upland, 
which must be certified to by the surveyor general of this state. A 
deposit of fifty cents per lineal chain on the government meander line 
will be required with each application. 

Notice of such applications, as prepared by the commissioner, is 
then advertised for at least thirty days in some county newspaper des- 
ignated by him. 

Where tide lands are separated from the upland by navigable 

waters, the applicant is required to make a survey of such lands at 

his own expense and file a plat and field notes of such survey with his 

application. The minimum price of such detached tide lands is $5 

per acre. 

Oyster Lands. 

Oyster lands constituting natural beds are reserved from sale, but 
lands suitable for the cultivation of oysters are sold on four year con- 
tracts. Any person desiring to purchase any such lands shall cause 
the same to be surveyed at his own expense, and shall file a plat of 
said land and a description in duplicate with the board of state land 
commissioners, and his application to purchase with the commissioner 
of public lands. When said plat and description are approved, one 
copy of the description and the plat will be filed with the commissioner 
and one copy will be sent to the auditor of the county in which such 
lands are situated, and a notice will be sent the county board of oyster 
land commissioners, or the state fish commissioner, asking for report 
thereon. It appearing that the land is not within a natural oyster bed, 
the land commissioner will then proceed to advertise same, at appli- 



96 APPENDIX. 

cant's expense, for a period of three weeks, and if no protest or contest 
be filed within 30 days from date of last publication, then such appli- 
cant shall be deemed to have prior right of purchase of such oyster 
land at the rate of $1.25 per acre, and may pay the full purchase price 
and obtain deed, or pay one-fourth thereof and enter into a contract 
with the state to pay the balance in three annual installments on March 
I St of each year, with interest at 8 per cent, per annum on all defer- 
red payments. 

Leasing Harbor Areas. 

The area between the inner and outer harbor lines, where estab- 
lished, may be leased for a term of not exceeding thirty years at an 
annual rental of one per centum of the value, as ascertained by the 
last assessment, of a strip of the shore or tide lands, of equal width, 
and exclusive of improvements thereon, adjoining the portion of the 
harbor area leased, or a value proportional thereto. When any por- 
tion of such harbor area is offered for lease at public auction, the bid 
offered shall be for the privilege of leasing such premises only, and 
such bonus shall be paid on the day such privilege is let. A bond 
will be required of the lessee in a penalty not exceeding twice the 
amount of the annual rental but in no case less than $500, conditioned 
as to the payment of the rental, etc. The state harbor line commis- 
sioners have scheduled the maximum rates of wharfage to be charged 
on such leased areas. 



APPENDIX. 97 



RULES OE PRACTICE 

BEFORE THE BOARD OP STATE LAND COMMISSIONERS. 

Rule i. When two or more applications under any preference rights 
have been filed for any tract of tide, shore or oyster lands, the board 
on request may order a hearing and fix a date when it will proceed to 
take up the case for the purpose of determining the rights of the parties 
applying for said tract; but in all other cases, priority of application 
should govern. 

Rule 2. All applicants will be given at least ten days notice of the 
date fixed for hearing of contests when such hearing is held at the of- 
fice of the board in Oh^mpia; but when the contests are heard at a city 
in front of which the lands are located, all applicants will be notified 
of the date when the board will proceed to take up the cases at that 
city, and thereafter a docket of cases will be prepared from day to day 
and each applicant will be required to keep himself advised of the 
date his case is set for hearing. 

Rule 3. The board shall serve upon each conflicting applicant a 
registered notice which shall contain — first, the number of the con- 
flicting applications; second, the name of the applicant and his address; 
third, the date and place of hearing as provided by rule 2. 

Rule 4. No pleadings or statements of the right to purchase will be 
required other than the facts and allegations set forth in the original 
application: Provided, That at the time of hearing; any applicant may 
submit such additional affidavits, depositions or statements of fact as 
he may deem necessary to make a full presentation of his case. 

Rule 5. In all cases where notice is given to any applicant of a con- 
test of his right to purchase, and he relies upon the fact of being an 
improver of the lands sought to be purchased, he shall submit at the 
hearing a plat of the lands involved, certified to be correct by a com- 
petent surveyor, showing the location of all improvements on the land 
and such other data as may be material. 

Rule 6. Where a part only of lands described in an application to 
purchase are involved in contest, the board will exercise its discretion 
in the matter of segregating the lands applied for and the allowance 
of an application in so far as it covers an undisputed tract, before the 
final determination of the contest. 

Rule 7. The first applicant will be called the contestee. All sub- 
._7 



98 APPENDIX. 

sequent applicants, contestants. The testimony of the contestant will 
be taken first, then the testimony of the contestee, which, being closed, 
the contestant will be allowed to rebut any new matter brought out by 
the contestee. 

Rule 8. Any party may appear in person or by attorney in any 
hearing held by the board. All examinations and cross-examinations 
of witnesses will be made under the direction of the board, and such 
testimony as, in its discretion, is material to the issue will be taken. 

Rule g. The l)oard will hear arguments of parties in interest or 
counsel in any contest. Not more than two counsel on a side will 
be heard unless the board shall direct otherwise: Provided, That each 
party who has appeared separately and by different counsel shall, if he 
so desire, be heard through his own counsel. The contestant shall be 
entitled to open and close the argument on the merits in matters of con- 
flicting applications to purchase. In all other matters the party hav- 
ing the affirmative shall have the right to open and close. All argu- 
ments may, in the discretion of the board, be limited in time. 

Rule io. The board may, in its discretion, allow testimony to be 
taken by deposition in accordance with, and in the manner prescribed 
by, section 1668 of the Code of Civil Procedure of the State of Wash- 
ington, or any amendments thereto. 

Rule ii. Unless otherwise ordered by the board, no testimony sub- 
mitted at the time of hearing will be reduced to writing, but the case 
will be tried and determined upon the affidavits, depositions and oral 
testimony submitted at the time of hearing: Provided, however. The 
board may, in any case, order the testimony reduced to writing at the 
expense of the parties interested. 

Rule 12. The board may, in its discretion, order, or the parties may 
stipulate upon approval by the board, that the testimony shall be 
taken before a referee who shall reduce the same to writing and report 
it to the board. Such referee shall be appointed by the board unless 
agreed upon by the parties, and all written testimony shall be paid for 
by the respective parties offering it. 

Rule 13. The board may order the parties to file briefs in all cases, 
either before or after argument, and when so ordered the contestant 
shall, within ten days, make and file with the board three typewritten 
copies of his brief, together with proof of service upon all parties to 
the contest, and within ten days after such service the contestee. shall 
file and serve his brief as herein provided for contestant. 

Rule 14. All services, as in these rules provided to be made, shall 
be made in the manner and as provided by general laws for the serv- 
ice of summon^, unless service be accepted or waived by the parties, 
which shall be endorsed on the original statement or motion filed with 



APPENDIX. 99 

the board. Proof of such service shall be filed with the board at any 
time prior to the time of hearing. 

Rule 15. If any party making an original application to purchase 
lands, fails to make an appearance at the time set for hearing, unless 
good cause be shown by affidavit, he shall be deemed to have aban- 
doned his application. 

Rule 16. All documents for use before the board shall be plainly 
written or printed and paged. In all statements and motions the 
grounds thereof shall be separately stated and consecutively numbered, 
and shall be divided into paragraphs according to the subject matter, 
and copies of such documents shall conform where possible in para- 
graphing and numbering to the original. 

Rule 17. The board will allow such amendments to applications 
and papers in contest cases as it deems necessary for a full and com- 
plete determination of the case upon its merits. All applications to 
amend, or for a continuance, must be made in writing, and a copy of 
the same with the proposed amendments, or cause for a continuance, 
served on the adverse party, his agent or attorney, at least three days 
before the hearing of the application, unless otherwise ordered by the 
board. A copy of such motion must be served on all parties to the 
contest in the manner provided in rule 14. 

Rule 18. When a case is set for hearing it must be tried or dis- 
missed unless good cause is shown for continuance. 

Rule ig. No application to purchase tide lands of the first class will 
be received or filed by the commissioner of public lands until the lands 
have been surveyed, platted and appraised, and a report of appraisal 
with a rertified plat of said lands have been filed in the office of the 
commissioner. 

Rule 20. Any person shall be allowed to protest against the sale of 
any tide lands at the minimum price fixed by law, and if such protest 
be filed, the said land shall be appraised by the board of state land 
commissioners, in the same manner as provided for the appraisement 
and sale of school and granted lands, and the said lands shall not be 
sold for less than the appraised value, and may be sold at public auc- 
tion to the highest bidder, as provided for the sale of school and 
granted lands. 

Rule 21. No party or attorney excepting the attorney general shall 
be permitted to take files from the records of the board, except by a 
legal process. 

Rule 22. The board shall charge and collect for docketing and 
other services performed by it the following fees: 

I. For any applicant having a contest or contests before the board 
on any one application, a docket fee of $3. 



100 APPENDIX. 

2. For a copy of any document or paper on file with the board, 
fifteen cents per foHo. 

3. For affixing certificate and seal, $1. 

Adopted March 30, 1897. 

Robert Bridges, Chairman, 
Will D. Jenkins, 
F. J. Browne, 

Commissioners. . 



RULES AND REGULATIONS OF THE HARBOR LINE COM- 
MISSION GOVERNING THE LEASING OF HARBOR 
AREAS. 



1. All lessees of harbor areas shall pay to the state an annual rental 
equal to one (i) per centum of the value, as ascertained by the last as- 
sessment for state and county purposes previous to the making of each 
such lease, of a strip of the shore or tide lands (exclusive of improvements 
thereon) adjoining the portion of the harbor area embraced in such 
lease, and of equal width, and where such adjoining strip of shore or 
tide land is of less width than the harbor area, a value proportional to 
said width: Provided, If streets or other non-assessable property abut 
upon the area applied for, the valuation of the harbor area shall be 
based upon the valuation of the opposite lot or lots separated by the 
said streets or other non-assessable property from the harbor area ap- 
plied for. 

2. No preference right to lease harbor areas shall exist after August 
I, 1899; and only the owner or lessee of tide or shore lands directly 
abutting upon such harbor area shall be deemed to have such prefer- 
ence right to lease, after having filed application therefor, in conform- 
ity with the rules and regulations governing the leasing of harbor 
areas, in force and effect prior to said date. Thereafter such harbor 
areas not so applied for shall be open to the public and the right to 
lease same sold at auction to the highest bidder therefor. 

3. Whenever any portion of any harbor area is offered for lease at 
public auction, the bid offered shall be for the privilege of leasing such 
premises only, and such bonus shall be paid on the day such privilege 
is so let. Thereafter the rental for such premises shall be paid annu- 
ally in advance to the state, as fixed in rule i hereof. 

4. The books of all lessees of harbor areas, containing the re- 
ceipts for tolls from wharfage and dockage, shall at all times be sub- 



APPENDIX. 101 

ject to inspection by the state harbor hne commission, or any agent 
selected by it for the purpose of making such inspection. 

5. The tolls and wharfage charges as fixed in the schedule adopted 
by the state harbor line commission shall be the maximum rates to be 
charged by any lessee of harbor areas; but if a less rate be fixed 
by such lessee, said less fate shall be posted as a supplementary 
schedule, and shall apply, without discrimination, to all patrons of the 
lessee alike. 

6. The schedule of tolls and wharfage adopted herein by the state 
harbor line commission shall be posted in a conspicuous place on the 
premises under lease, so that the public may at all times consult the 
same. 

7. The board of harbor line commissioners shall require of each 
such lessee a bond tvith sufficient surety, to be approved by the com- 
missioner of public lands, in such penalty, not exceeding twice the 
amount of the annual rental, but in no case less than ^500, as may be 
prescribed by the board, conditioned for the payment by the lessee of 
the rental reserved in his lease. 

8. The successful bidder, or those having a preference right, 
shall be required to furnish a plat, on mounted paper, 18x24 inches, 
scaling 100 feet to i inch, showing the location of the area desired to 
be leased, by courses and distances, with the frontage of the adjoining 
lots or blocks of the shore or tide land, any existing improvements 
thereon, and all upland streets not legally vacated, must be projected 
across said area. 

9. The following schedule of tolls, subject to change by the board 
of harbor line commission, shall be in force and effect: 

TOLLS. 

A ton is by weight 2,000 pounds, unless otherwise specified; by 
measurement, 40 cubic feet. 

Merchandise, for the purpose of tolls or wharfage, must be esti- 
mated by weight or measurement, as the one mode or the other will 
give the greater number of tons. 

On the following' articles, 2,240 pounds constitute a ton: Coal, rail- 
road iron, pig iron, gypsum, asphaltum, ores, crude or boiled sulphur, 

paving stones, sand and ballast, per ton 5c . 

On merchandise (except when otherwise specified ), per ton 20c. 

On 400 pounds or less 5c . 

On 800 pounds or less and more than 400 pounds 10c. 

On 1,200 pounds or less and more than 800 pounds 15c . 

On 2,000 pounds or less and more than 1,600 pounds 20c. 

( Tolls on merchandise, when measured or charged a higher rate, to be col- 
lected according to the foregoing subdivisions.) 



102 APPENDIX. 

Tolls Charged Otherwise than by Ton. 

On the following articles, toll must be paid as follows: 

On fir, redwood, spruce and all soft wood lumber, per 1,000 feet, board 

measure 20c . 

On oak, hickory, ash and all hard wood lumber, per 1,000 feet, board 

measure 20c . 

On lumber or timber discharged in the water in any slip, dock, basin or 
canal, the same as if discharged on a wharf. 

On piles discharged in any slip, dock, basin or canal, per pile loc. 

On fence posts, per 100 20c . 

On railroad ties, per 1,000 feet of lumber, board measure, contained 

therein (32 or 24 feet to a tie, according to size) . 2"(' . 

On shingles, per 40 bundles 20c . 

On cord wood, per cord 10c . 

On fire bricks, per 1,000 40c . 

On bricks (other than firt- bricks) discharged on, or loaded from, any 

wharf, per 1,000 20c. 

On bricks (other than fire bricks) discharged from any yessel lying at 
any wharf, or in any slip, dock or basin, into another vessel, or re- 
ceived into any such vessel from any lighter or other vessel, per 

1,000 10c. 

On wool or cotton in sacks, per sack 5c . 

On wool or cotton in bales, strapped, per bale 7ic . 

On hops in bales, per bale 5c. 

On hay, per ton 15c 

On hides of cattle (greed or dry), per hide |c. 

On skins, per skin Jo. 

Poultry, per dozen 5c . 

On cattle, horses and mules, per head 20c. 

On colts and calves, under a year old, per head 10c. 

On sheep and hogs, per head 3c . 

On reapers, mowers, horse rakes, hay presses, gang plows, cultivators 

and wheeled vehicles, set up, each 40e . 

On headers and separators, set up, each 75c . 

On empty barrels (merchandise), each Ic. 

On empty packages, being returned to owner, who uses them to send 
commodities to market, no tolls will be charged. 

On laths, per 60 bundles 15c . 

On charcoal, per 35 sacks (of 55 pounds each) 20c. 

On cement, 5 barrels to the ton 20'c. 

On lime, 7 barrels to the ton 20c . 

On beef, pork or fish, 6 barrels to the ton 20c. 

On sugar or syrup, 6 barrels to the ton 20c. 

On wine or liquor, per barrel 5c. 

On wine or liquor, per pipe. . . 20c. 

On cocoanuts, per 1,000 - . ... 50c. 

On bananas, per bunch Ic. 

On salmon, each case of 4 dozen equals H cubic feet ( per ton measure- 
ment) 20c . 



APPENDIX. 103 

Oq salmon, each case of 2 dozen equals 1 cubic foot ( per ton measure- 
ment) 20c. 

Miscellaneous packages, not above specified, not to exceed 5 cents per 
package . 

By order of the board of harbor line commissioners of the State of 
Washington. 

Dated: Olympia, June lo, i8gg. 

Robert Bridges, 
Commissioner Fu&lic Lands, Ex Officio Chairman. 
Will D. Jenkins, 
Secretary of State, Ex Officio Member. 
Frank J. Browne, 
Superintendent Public Instruction.^ Ex Officio Member. 



RULES GOVERNING THE SURVEY OF OYSTER AND 
OTHER STATE LANDS. 

1. All surveys of oyster and other state lands made under the di- 
rection and subject to the approval of the commissioner of public 
lands shall show connections, or tie lines, with two or more corners 
on the government survey. 

Should the government corners used as connecting points be oblit- 
erated or destroyed, the engineer will re-establish them according to 
the instructions of the general land office, and return with such survey 
a complete set of notes setting forth his manner of so doing with the 
descriptions, bearings and distances to the witness trees. 

Should he have had to re-establish such missing corners from other 
known corners, a full description of such other corners and witness 
trees and the bearing and length of lines run from it must accompany 
his notes. 

2. Whenever practicable each survey must be connected with a 
meridian, established by an observation of polaris or with some suit- 
able solar instrument. Chains must be compared with the U. S. 
standard measure and all instruments carefully adjusted before 
beginning work. 

3. Wherever practicable a permanent monument must be set at each 
corner of the land surveyed, and the map and notes must give a full 
description of each monument so placed. In the case of a survey of 
a large number of adjoining tracts, it is desirable that as many of 
them as is convenient shall be shown on one map. 



104 APPENDIX. 

4. Maps must be filed with all descriptions required, and must l^e 
on a good quality of mounted paper 24x36 inches. In no case will 
blue print or tracings in any form be accepted for filing. 

Each line must have its length in chains and links and bearing 
plainly marked. The calculations of the area of each tract by rec 
tangular method and all field notes in connection with such survey 
must also be shown in full on the face of the map. The traverse of 
lines will be required to close within twelve feet per mile run. The 
scale of the map must not exceed six chains to the inch ; but where the 
connections with the government surveys would, if platted, take up a 
disproportionate space, such connections may be shown by notes on 
the face of the map, but such notes must be full and explicit. 

5. The accuracy of the maps filed must be certified to by the parties 
making the survey, and the right to reject the offer of any surveyor 
who has heretofore shown himself incompetent or unfaithful in the 
performance of such work is retained by the commissioner of public 
lands. 

Robert Bridges, 
Commissioner of Public Lands. 



EULES GOVERNING THE SUBMISSION OF PLATS ACCOM- 
PANYING THE PETITION FOR RIGHTS-OF-WAY. 

1. Maps must be on a good quality of mounted paper 18x24 inches. 
Scale: 6 chains to one inch. Unless by special permission, but one 
section can be shown on each plat. 

2. Give distance to nearest government corners, from point of in- 
tersection of road with section lines, both entering and leaving sec- 
tions, unless such road ends on a government meander line, in which 
case the meander notes connecting such end of road with nearest 
government meander corner must be given. 

3. Ta/cing the government corner nearest where road enters section 
as the initial point, co-ordinates in chains and links must be given to 
each angle point in the road. 

4. The courses and lengths, in chains, of every tangent, must be 
plainly marked on the centre line of road, and on all subdivisional 
lines. 

5. Calculating from center of road, give area on each side in legal 
subdivision bisected by road. Also area taken by road on either side 
of such center line. (See sec. 35, chap. 89, Session Laws of 1897.) 

6. Plainly mark distance between subdivisional lines. Also dis- 
tance from intersection with such lines to subdivisional corner. 

7. Place certificate of official city, or county, engineer or surveyor 
on each plat submitted. 

8. Give all information called for on sample plat, and any other 
data that would be of service in a thorough understanding of the plat 
submitted. 

Robert Bridges, 
Commissioner of Public Lands. 



CASES CITED. 



Page. 

Baer vs. Moran Bros., 2 W. 608; 153 U. S. 287 90 

Board Directors vs. Peterson, 4 W. 147 89 

Cogswell vs. Forrest, 14 W. 1 90 

Columbia Ry. Co., vs. Seattle, 6 W. 332 88 

Denny vs. N. P. Ry. Co., 19 W. 298 26, 30 

Eisenbach vs. Hatfield, 2 W. 236 23, 29, 87, 90 

Globe Mill Co. vs. Bellingham B. Imp. Co., 10 Wash. 458 24, 88 

Goss vs. State Capital Commission, 11 W. 474 75 

Harbor Line Commission vs. State, 2 W. 530; 4 W. 816 26, 33, 90 

Hart Lumber Co. vs. Rucker, 15 W. 456 .' 11 

Hayes vs. Merchants Bk., 10 W. 573 24 

Ilwaco vs. Ilwaco Ry. Co., 17 W. 652| 30 

Illinois Central Ry. Co. vs. People of 111., 146 U. S. 387 90 

Johnson vs. Woodworth, 18 W. 243 27 

Kennedy vs. Hunt, 7 U. S. 587 90 

Lewis vs. Portland, 25 Or. 133 (42 Am. State 772) 4 

McCue vs. Bellingham Bay Water Co., 5 W. 156 23, 90 

Maxon vs. School District, 5 W. 142 89 

Miller vs. Mayor of N. Y., 109 U. S. 385, 395 90 

OUiver vs. Dupee, 16 W. 758 30 

Pearson vs. Ashley, 5 W. 169 11 

Pierce vs. Kennedy, 2 W. 324 26 

Railway Co. vs. Simpson, 19 W. 628 30 

Romaine vs. State, 7 W. 215 89 

Scurry vs. Jones, 4 W. 468 90 

Seattle & N. Ry. Co. vs. State, 7 W. 150, 152 87, 88 

Seattle vs. Columbia Ry. Co., 6 W. 379 88 

Seattle, L. S. & E. Ry. Co. vs. Simpson, 19 W. 628 30 

Shively vs. Bowlby, 152 U. S. 1 90 

Stimson Mill Co. vs. Harbor Line Commissioners, 4 W. 6 87 

State vs. Burke, 8 W. 412 75 

State vs. Forrest, 11 W. 227, 232, 233 88, 90 

State vs. Forrest, 13 W. 268 26, 27 

State vs. Harbor Line Commissioners, 4 W. 6, 10 33, 87, 88 

State vs. Grimes, 7 W. 270 89 

State vs. McGraw, 13 W. 311 75 

State ex rel. vs. Forrest, 8 W. 610 '. 27 

State ex rel. vs. Superior Court, 19 W. 198 30 

State ex rel. Denny vs. Bridges, 19 W. 44 33 

State ex rel. Land Co. vs. Bridges, 19 W. 428 41 

State ex rel. Hellar vs. Young, 18 W. 21 51, 53 

State ex rel. B. B. Imp. Co. vs. Bridges, 19 W. 431 18 

St. Clair vs. Lovingston, 90 U. S. 46 90 

Tacoma Land Co. vs. Young, 18 W. 495 34 

Wash. Iron Wks. Co. vs. King Co., 54 Pac, p. 1004 ( § 17, p. 15) 92 

Wilkes vs. Davies, 8 W. 113 11 

Wilkes vs. Hunt, 4 W. 100 5, 11 

Wilson vs. State Land Commissioners, 13 W. 65 87 



i]NiE)E:^:x:. 

A. Page. 

Abstract books, how and where kept r. 19, 20 

Abutting holder and owner's preference right 33 

Act, enabling 83 

Act relating to cancellation 42 

Act relating to plat of Seattle tide lands 39 

Acts of board, reconsideration of when 37 

Action in trespass cases 37 

Agricultural college lands (enabling act) 85 

Agricultural college stocks, bonds, etc 48 

Aliens, disability under state constitution 86 

Amendment of pleadings 30 

American Patriotic Memorial college, lands for < 75 

Appeals — matters of appraisement — tide and shore lands 24 

State may appeal, when 24 

From board of state land commissioners 29, 79 

Transcript on appeal 29 

Trial to court without jury 30 

Amendment of pleadings 30 

Judgment for costs 24, 30 

Notice to be served 24 

State or city, no bond required 24 

To supreme court , 30 

Judgment, certification to commissioner 30 

Time in which to be prosecuted 79 

Appendix 81 

Applicant for purchase, notification of 11 

Application for certain tide lands, how cancelled 42 

Application of improver (preference right) 18 

For lease of state lands 16 

Appraisers, board of, who shall constitute 3 

Commissioner may employ 5 

Who may be employed 5 

Applications for appraisement and sale 8 

Appraisement and sale 9 

Deposit to be made 9 

Improvements to be appraised 10 

Waste and damage to be appraised 10 

Stone and valuable materials appraised 10 

Standing timber, hay and stone appraised 10 

May review its acts when 37 

Appraisement, certificate of 11 

Copies to be filed 11 

Copies to be filed where lands situated 11 

Auditor, county, filing certificate with 11 

Auditor to post certificate 11 

Excessive or defective, remedy 12 

Logging right-of-way , 20 

Old appraisements void 21 

Tide and shore l&nds 23 

New Whatcom and Fairhaven tide lands 46 

Re-appraisement of tide and shore lands .' 27 

Unappraised lands, price of 27 



108 INDEX. 

Appropriations — payments on Washington university site 51 

Appropriations — platting natural oyster beds 66 

Artificial oyster beds, cultivation and lease 69, 72 

Area limited 71 

Reversion to state when 71 

Abandonment 72 

Dredging 72 

Attorney general, duties of 37, 80 

Attorney general to dismiss appeals 80 

Attorney, prosecuting (county) 24 

Auditor, county, to make return of leased lands 17 

B. 

Bids — commissioner of public lands may reject 18 

Board of state land commissioners, who are? 3 

Constitute a board of appraisers 3 

Constitute harbor line commission 3 

Records separately kept 3 

Clerk of, who shall be 3 

Clerk to be secretary 3 

Records to be kept in commissioner's ofBce 3 

Secretary, where to keep his ofB.ce 3 

Chairman, land commissioner 4 

To lease harbor areas 30 

To prescribe ruies relating to harbor areas 32 

Successor to former board 34 

Rules of practice 97 

Information for the public 93, 95 

Bonds for costs on appeal 24, 29 

Lessee of harbor areas 31 

Bonds, state — investment of school funds in 50 

Denomination and interest 50 

To be signed by governor and auditor 50 

How printed — no coupons attached 50 

Proceeds to redeem state warrants . . 51 

Redemption of state bonds 51 

Books, abstract — commissioner to keep 20 

Boundaries of state 90 

Buildings at state capital 72 

C. 

Cancellation of applications for tide lands 42, 80 

Certificate of appraisement, posting 11 

Protest may be made and filed 12 

Certificates non mineral 20 

Certificates, notices, contracts and orders to be under seal 36 

Closed oyster season defined 69 

Coal lands, how sold 14 

Contracts of sale 15 

Extension 15 

Forfeiture 15 

Delinquency notice 15 

Commissioners, state land 3 

Board, who are 3 

Appraisers are a board of 3 

Harbor line commission 3 

Chairman, land commissioner 4 

Board to make rules 4 

Rules of practice 97 

Rules of harbor line commission ■ 100 

Rules governing surveys 103 

Rules relating to plats — ■ 104 

May review its acts when 37 

Information for the public 93, 95 



INDEX. -[ 09 



Commissioner public lands . . ; . . 3 

Member of board of appraisers 3 

Member of state land commission 3 

Member of harbor line commission 3 

To keep abstract books 20 

Compensation (state constitution) 86 

Reconsideration of his acts when 37 

Commissioners, oyster lands, board of 63 

Hearings before 64 

Compensation of commissioners 65 

Constitution, state, relating to lands 86 

Aliens, disabilities of 86 

Commissioner, compensation of 86 

IjOss to school or educational fund 86 

Harbor line commission 86, 87 

Harbor areas reserved for wharves 87 

Leasing of harbor sites for wharves 87 

Extension of streets over tide lands 88 

School and granted lands, sale of 88, 89 

Subdivisions of lands 89 

Funds, investment of 89 

Tide lands, claim of state 89 

Disclaimers as to swamp lands ; 90 

Boundaries of state 90 

Unappraised public lands 92 

Contempt before board and punishment 35 

Contracts to be under seal 36 

C'ontracts subject to forfeiture when 18 

Costs, bonds for on appeal 24 

On appeal 24, 30 

On appeal taxed against sureties. 30 

Execution may issue 30 

County auditor to make return of leased laLds 17 

County attorney to appear for state, when 24 

Conveyance of preference right 25 

( See also " Deeds." ) 
Cruisers (See "Inspectors.") 

D. 

Damage and waste on public lands 44, 45 

Debt, state ( losses to school, or educational fund ) 86 

Deeds and patents 14 

Of oyster lands 61 

To be executed, how 14 

Definitions, "Navigable waters" 44 

" Natural oyster beds " 65 

" Closed oyster season " 69 

"Public lands," " state lands" .' 4 

Delinquency, notice of, on contracts 15 

Notice of, on leases 17 

Descriptions for oyster lands 65 

For artificial oyster beds 71 

Detatched tide lands, how may be sold 27 

Disclaimer of ownership 83, 90, 92 

Dismissal of appeals by attorney general 80 

Dockage, wharfage, rates of 33 

(See "Tolls") 

Donation of lands for public buildings 84 

Dredging on oyster lands 72 

Duties of attorney general 37, 80 

E. 

Eastern oysters, act relating to 69 

Enabling act, portions relating to lands 83 

Disclaimer of state ownership 83 

School lands, reservation of ^ 83 



110 INDEX. 

Enabling act — 

School lands, disposal or 83 

Donations for public buildings 84 

University lands 84 

Agricultural college grant 85 

Other grants to state 85 

Mineral lands, grants not applicable 85 

Lieu school lands 85 

Lands, how selected 85 

Escheat to the state 33 

Evidence in case of removal of timber, material, etc 21 

Exemptions from taxation, harbor area improvements 36 

Exemptions — property ceded to the United States ; 57 

Expenses of U. S. surveys, how defrayed 6 

Expenses relating to roads across tide flats ; 44 

Expired right of abutting owners 33 

Extension of streets over tide lands 88 

Extension of time on overdue contracts 15 

Extension of time on principal to 1905 18 

F. 

Fairhaven and New Whatcom tide lands 46 

Federal jurisdiction , 91, 92 

Fee for license to develop mineral lands 77 

Fee book to be kept '. 36 

Fees of commissioner of public lands 36 

Fees, how disposed of 36, 37 

Field notes, plats and maps to be deposited 35 

Fish commissioner to act with oyster commissioners 67 

Fish, star, to be removed from oyster land 67 

Findings before oyster land commissioners 64 

Forfeiture of overdue contracts 15, 18 

Forfeiture of lease, notice of delinquency 17 

Forfeiture of contracts issued by state 18 

Freeholders, ten, may request appeal against appraisements 24 

Fund, harbor 32 

Fund, harbor improvement, how expended 34 

Funds realized from land sales, how kept 21 

Funds, school, investment of 38 

Funds, school, investment of in state bonds 5o 

G. 

General fund state warrants, how redeemed 61 

Gift, board of land commissioners may accept 34 

Governor to cause survey to be filed. 6 

May remove oyster commissioners 68 

Granted lands, what are 4 

Sale of and notice 12 

Contracts 15 

Deferred payments 14, 15 

How selected 85 

Grant to U. S. for forts, dockyards, etc 56 

Reversion to state, when 56 

Grants rejected, state relinquishment 58 

Duties of board of land commissioners 58 

Under enabling act 83, 84, 85 

Not applicable to mineral lands 85 

Lieu school lands 85 

H. 

Harbor line commission, who shall be 3 

Duties of 22 

Appointment 86 

Rules 100 

Rates, tolls prescribed 101, 103 

May review its acts, when 37 



INDEX. Ill 



Harbor lines and areas, how designated 4 

Harbor areas, leasing of 30, 87 

How laid out 30 

Not be leased longer than thirty years 30 

Rental, how fixed - 31 

Lessees' bond , 31 

Leases prior to March 1st, 1899 32 

Improvements on 31 

Harbor area lease 32 

Harbor lines, inner, power to locate 33 

Harbor area improvements, when exempt from taxation 36 

Harbor improvement fund, power to expend 34 

Hearings before state board 35 

Hearings before oyster land commission 64 

I. 

Improvements — as to school and granted lands 5 

What shall include 5 

Referring to tide or shore lands 5 

Removal of i 19 

On harbor areas 31 

When exempt from taxation 36 

Improver — preference right to lease 18 

To purchase 24 

Expires 33 

Index of plats and maps to be kept 36 

Injury to timber, penalty 21 

Innt r harbor lines, power to locate 33 

Inspectors — who may be employed 5 

Compensation 5 

Duties of 5, 6 

To be under state land commissioner 5 

Oath and bond 6, 7 

Reports of 7 

False oath 8 

Interest on deferred payments 14, 15 

Investment of school funds 38, 89 

Investment of permanent school fund m state warrants 52 

Information for the public 93, 95 

Appraisements 93 

Assignments 93 

Blanks 93 

Communications, remittances 93 

Leasing lands 94 

Leasing harbor areas ^ 96 

Oyster lands 95 

Recission of contracts 93 

Sale and purchase 94 

Sale of timber .- 94 

Tide lands 95 

J. 

Judgments of superior court and supreme court to be certified 30 

Judgments for costs on appeal 24, 30 

Jurisdiction in state limits ceded to U. S 56 

State to retain concurrent 57 

State as to tide lands 89, 90 

L. 

Lands, how classified 4 

Granted lands, what are 4 

Tide lands, what are 4 

Shore lands, what are 4 

Withdrawn, reappraisement 80 

Public, reappraisement , 4 



112 INDEX. 

Lands — 

State, reappraisement 4 

Harbor lines and areas 4 

Cruising and selection 5 

Lists of selected 8 

Lists to be made in triplicate 8 

Lists may be rejected 8 

Applications for appraisement and sale 8 

Deposit to be made 9 

Appraisement and sale , . _ 9 

Classiflcation of 9 

Minimum price 9 

Maximum acreage 9 

City or corporate limits 9 

Purchase of stone, timber and hay 10 

Improvements to be appraised 10 

Damages and waste to be appraised 10 

Payments, deferred interest on 14 

Sale, terms of 14 

Deeds and patents 14 

Contracts of sale, how executed 15 

Contracts of sale, how forfeited 15 

Delinquency, notice of 15 

Purchasers, act to relieve 54 

Quieting title, action for 55 

Oyster beds, cultivated 58 

Tide lands, sale of, for oyster planting 60 

Sale of, for building a state capital 72 

Sale of, an act relating to 72 

Sale of. mineral bearing 76 

Mineral, form of lease 77 

Mineral lands, commissioner may lease 76 

Donated for public buildings 84 

Lease of state lands 16 

Application 16 

Deposit 16 

Lists to be furnished county auditors 16 

Lists to be posted by county auditors 16 

Classiflcation 16 

Annual rental to be paid, how 17 

County auditor to make returns y 17 

Lessee's prior right to purchase : 17 

To be issued in duplicate 17 

Original where to be kept 17 

Notice of delinquency and forfeiture 17 

Bids may be rejected 18 

Money deposited, when returned 18 

Forfeiture 18 

Extension of time of payment till 1905 18 

Delinquent and annual interest to be paid 18 

Improver's preference right 18 

Improver's application 18 

Improver's andlessee's right to re-lease 19 

Improvements when may be removed 19 

Tide and shore lands, 2d class 28 

Upland owner's preference right 28 

Harbor areas 30 

Lease — abutting holder preference right 33 

Lease — sites, wharves and docks 87 

License for taking oysters (natural beds) 66 

License fee and oath of licensee 66 

License may be revoked 67 

License, mineral lands, fee for 77 

Limitations as to prosecution of appeals 79 

Logging right-of-way 20 



INDEX. ]^23 



M. 

Maps of tide and shore lands 23 

Plats and field notes, deposit of 35 

Plats of natural oyster beds 65 

Plats, rules governing 104 

Material, removal of — penalty for 21 

Mineral lands of state 76 

Land commissioner may lease 76 

Form and terms of lease 77^ 79 

License fee •. 77 

Timber privileges 77 

To develop in two years 77 

Grants not applicable to 85 

Non-mineral certificates 20 

( See further " Coal Lands.") 

Money deposited on lease to be returned when 18 

Moneys realized from sales, how kept 21 

N. 

Natural oyster beds 64 

Definition of 65 

Reservation of 65, 67 

Replenishing 68 

New Whatcom and Fairhaven tide lands 46 

Non-mineral certificates 20 

Notice— survey of townships — publication 6 

Leases, delinquency and forfeiture 17 

As to tide and shore lands to be published 24 

Sale of state capitol lands 73 

Of appeal from land commission 29 

Of sale harbor line leases 32 

Of appeal, preference right 24 

Of appeal to be given when 24 

Purchase of tide lands for oyster planting 61 

Notices — orders, contracts, etc., to be under seal 36 

Notices to enforce withdrawal and cancellation 80 

O. 

Oath, false of inspector, penalty 8 

Official acts, when reviewed 37 

Old appraisenaents void 21 

Orders of board under seal 36 

Owner's upland preference right 24 

Owner upland, application of 25 

Oyster beds, ( cultivated ) sale of 68 

Act relating to 58 

Artificial may be purchased 58 

Limit of purchase acreage 59 

Conveyance, limitation in 59 

Reversion to state, when 59 

State may take possession 59 

Qualifications of purchaser 58 

Oyster planting, sale of tide lands for 60 

Act relating to 60 

Certificates 60 

Deed executed, how 60 

Application and notice 61 

Contest 61 

Contestant liable for costs 61 

Purchase price §1 

Preference right not affected 62 

Citizens only entitled to deed 62 

Time limited to purchase 62 

Oyster beds, ( natural ) mapping 65 

Reservation of 65 

Reservation of lands not included 66 



114 INDEX. 

Oyster land commissioners, board of 63 

How constituted 63 

Style of .• 63 

Powers of 63 

Qualifications of members 63 

Terms of office "... 64 

Applications and hearings 64 

Re-applications 65 

Compensation, only mileage 65 

Descriptions 65 

Requirements of application 66 

Prosecutions : 66 

License 66 

Board to act with fish commissioner 67 

Replenishing natural beds 68 

Meetings, when held 68 

Records to be kept 68 

Removal of members 68 

Power to ssll 68 

Oyster beds ( artificial ) cultivation 69, 70 

Lease of Idnds for 70 

Lease applications 70 

Applications in duplicate 71 

Descriptions. 71 

Findings and hearing 70 

Terms of lease 70 

Reversionary interest of state 71 

Abandonment 72 

Dredging 72 

Oysters, unlawfully gathering, penalty 68 

Season closed, defined 69 

Eastern, propogation of 69 

P. 

Patents and deeds 14 

Patriotic Memorial college 75 

Act in rdlation to 75 

Payments on university site 51 

When extended to 1905 18 

Penalty for removing valuable material 37 

Damage and waste 45 

Removing oysters without license 66 

Unlawfully gathering oysters 68 

Trespass on capital lands 75 

False oath of inspector 8 

Removal of timber and material 21 

Plats, maps and field notes — deposit of 35 

Seattle tide lands 39 

Natural oyster beds 65 

For rights-of-way 104 

Of tide and shore lands 23 

(See "Maps.") 

Power to expend harbor improvement fund 34 

Practice, rules of 9" 

(See "Appeals.") 

Present board of land commissioners, successors to former board 33 

Prosecuting (county) attorney • 24 

To attend to appeal cases 24 

Proceeds of land sales, how kept 21 

Proof as to injury or removal of timber 21 

Public ways across tide lands 43 

Buildings, donations of land for 84 

Lands (unappropriated ) 92 

Information for ( by commissioner ) 93 



INDEX. 115 



Public lands of state, act relating to 3 

Board of state land commissioners 3 

What are, definition of 4 

" State lands " defined 4 

Posting certificates of appraisement 11 

Public sale 12 

Unsold, re-offering 13 

Record without additional fee 14 

Extension of time 15 

Forfeiture '. 15 

Public road, how acquired 20 

Publishing notices of maps and plats 23 

(See "Lands.") 

Publication (see "Notices.") 

Purchasers of school lands, act for relief of * 54 

Purchase price may be refunded 55 

Q. 

Quieting title, school lands 55 

R. 

Reappraisement of tide and shore lands 27, 80 

Reappraisal — sale of lands withdrawn 80 

Recording of deeds and patents 14 

Records of oyster commissioners 68 

( See maps and plats and abstract books.) 

Redemption of state bonds 51 

Regents of agricultural college and school of science ' 49 

To inspect lands 49 

. College to bear expense 49 

Expense limited 49 

Report to governor and legislature 49 

( See "Agricultural College." ) 

Release of improver and lessee 19 

Relief for purchasers of school lands 54 

Relinquishment of rejected grant 58 

Removal of oyster commissioners 68 

Improvements 19 

Or injury to timber 21 

Valuable material penalty 37 

Rental of state lands 17 

For harbor areas 30, 31 

For harbor areas to be paid the state treasurer 32 

Repealing section, act March 16th, 1897 38, 39 

Reports of state land inspectors 7, 8 

Report of state treasurer to agricultural college 48. 49 

Revocation of license for oystering 67 

Reversionary interest of state in artificial oyster beds 71 

Review and reconsiderations — powers of state board 37 

Revision of plat of Seattle tide lands 39 

Right-of-way — logging 20 

Roadway, public, how acquired 20 

Roads across tide flats near towns 44 

Rules of practice before state board 97 

Of harbor line commission 100 

Governing survey of lands 103 

Relating to plats 104 

Surveyor general 6 

(See " Information for the Public") 

S. 

Sale of granted lands 12, 88 

Notice to be given 12 

Manner of 12 

Terms , 14 



116 INDEX. 

Sale of granted lands — 

Who may conduct 13 

Unsold may be reoflered 13 

Deposit to be made 13 

Report and confirmation 13 

Coal lands 14 

Contracts, how executed 15 

Sale of harbor line lease 32 

Tide lands for oyster planting 60 

Granted lands for building at state capital 72 

School lands 89 

Tide lands 22, 30 

( See title " Tide and shore lands " ) 

School fund, investment of, in state bonds 50 

Investment of, in state warrants 52 

State treasurer's duty 52 

State treasurer to keep record 53 

Duty of warrant holder 53 

Funds, investment of 38, 89 

School lands 22, 30 

Purchaser's act to relieve 54 

" American Patriotic Memorial College" 75 

Designated 83 

Disposal of 83 

Sale of 89 

School of Technology of Washington 47 

Annual report to 47 

Lands already selected 48 

Selections under act of congress 47 

Moneys received 48 

State treasurer's report 48 

Securities deposited 48 

School of science, stocks, bonds and securities of 48 

School of science, state treasurer to report to regents 48 

Seal of land commissioners 36 

Seattle tide lands, revision of plat 39 

Appraisement 40 

Re-adjustment 40 

Re-platting 40 

Condemnation 41 

Mutual agreements 40 

Unsold In city limits ■. 41 

Secretary of state, member of board of state land commissioners 3 

Board of appraisers 3 

Harbor line commission 3 

Secretary of board of land commissioners 3 

Office, where kept 8 

Secretary of \ he interior, rules of ■ 6 

Selection of granted lands 85 

Shore lands defined 4, 22 

State bonds, investment of school funds in 50 

State land commissioners — board of 3 

Who shall constitute 3 

Board of appraisers 3 

Harbor line commission 3 

May make rules and regulations 4 

Secretary board, who shall be 3 

State lands ( See " Lands") 4, 88 

State lands ( See " Lease of ") 16 

Defined 4 

Sales and proceeds, how kept 21 

Inspector's bond, oath and duties 5,0, 7 



INDEX. 117 



State capital — buildings, sale of lands for 72 

Amount to be sold 73 

Notice, how given 73 

Public auction 73 

Terms of sale 73 

Contract, form of 74 

Payments 74 

Sale avoided, when 74 

Deeds, how issued 74 

Trespass and penalty for 74, 75 

State constitution, portions referred to 86 

State disclaimer of ownership 83 

(See "Jurisdiction.") 

State university lands, enabling act 84 

Streets on tide lands and shore lands, laying out 22, 88 

Subpcenas — board may issue 35 

Service of 35 

Superior court, appeal to 24, 29 

Supreme court, appeal to . . , 30 

Superintendent of public instruction member of board of land commissioners, appraisers 

and harbor line commission 3 

Survey, cost, how defrayed 6 

Survey of townships 6 

Survey of oyster and state lands, rules 103 

(See "Plats, Maps.") 

Sureties — costs taxed against 30 

On lessee's bond may be summoned 31 

Surveyor general to make rules governing surveys 6 

Surveyor general, notice of application to survey 6 

T. 

Taxation, harbor areas when exempt 36 

Taxation 92 

Technology, school of 47 

State treasurer to report to regents 48 

Tide lands, what are 4 

Detached 27 

Sales of, for oyster planting 60 

Streets over 88 

Tide and shore lands 22 

Purchase of adjoining lands 25 

Classified, how 22 

Harbor line commission, duties of 22 

Laying out streets 22 

Appraising, manner of 23 

Plats and maps 23 

Plats and maps deposited and recorded 23 

Plats to be published 23 

Appeals may be taken 24 

Bond for costs 24 

Upland owner's preference right 24 

Improver's exclusive right 24 

Claim of state 89 

Lease of. 28 

Lease of upland owner 28 

Upland owner's application 25 

Conflicting claims 26 

Unsold, how disposed of 26 

Not to be sold for less than appraisal 27 

Unappraised, price of 27 

Timber on public lands, disposal of 10 

Timber standing not to be sold for less than appraised value 10 

May be sold separate from land _. 10 

Cut or removed to be appraised 10 

On public roadway 21 

Removal, trial 21 



118 INDEX. 

Time, extension of 15 

Time in which appeals to be prosecuted 79, 80 

Time in which appeals to be dismissed 80 

Tolls, wharfage and dockage 33 

Tolls, wharfage and dockage 101-103 

Trespass cases, board's action in 37 

( See also " Penalty " ) 

Trial for removing timber 21 

Trial and hearing before board 35 

Trial to court without jury on appeal 30 

U. 

Unappropriated public lands 92 

United States government surveys 6 

Expenses, how defrayed 6 

Grant of state to -56 

Grant for arsenals to 56 

Grant for dockyards to 56 

Grant for forts to 56 

Grant of jurisdiction ceded to U. S 56 

State retains concurrent 57 

Relinquishment of rejected grants 58 

University lands 4, 84 

Site, Washington, payments on 51 

Appropriations from general fund 51 

Appropriations for current school fund„ 51 

Appropriations refunded to general fund 52 

Appropriations, interest 52 

Purchasers, relief of 54 

Upland owner of tide and shore lands, preference right 24 

Upland owner, application of 25 

V. 

Valuable material, removal, penalty 37 

Vested rights, not affected, 37 

Seattle tide lands 40 

As to " tide lands " 89 

Vouchers, harbor improvement fund 34 

w. 

Warrants — state, how redeemed 51 

Investment of school funds in 52 

On harbor improvement fund 34 

Washington School of Technology 47 

University site, payments on 51 

University lands 84 

State constitution, portions of 86 

Waste, appraisement of 10 

Waste and damage on public lands 44 

Waters, navigable, defined 44 

Way logging, right of 20 

Way road, how acquired 20 

Ways, public, across tide flats 43 

Wharfage rates 33, 101-103 

Wharves, docks and structures on harbor areas 30 

Wharves, areas reserved for 87 

Whatcom and Fairhaven tide lands 46 

Withdrawal and cancellation, notice of 80 

Withdrawal, certain lands to be re-appraised 80 

Witnesses before state board 35 

Words and phrases — " Navigable waters " 44 

" Natural oyster beds " 65 

" Closed oyster season " 69 

" Public lands" 4 

" State lands " 4 



